Bill Text: WV SB632 | 2022 | Regular Session | Comm Sub
Bill Title: Making Office of Emergency Medical Services independent office within Executive Branch
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2022-03-08 - To House Health and Human Resources [SB632 Detail]
Download: West_Virginia-2022-SB632-Comm_Sub.html
WEST virginia legislature
2022 regular session
Committee Substitute
for
Senate Bill 632
By Senators Tarr and Phillips
[Originating in the Committee on Government Organization; reported on February 28, 2022]
A BILL to amend and reenact §5F-2-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-4C-1, §16-4C-2, §16-4C-3, §16-4C-4, §16-4C-5, §16-4C-6, §16-4C-6a, §16-4C-6b, §16-4C-8, §16-4C-8a, §16-4C-9, §16-4C-10, §16-4C-12, §16-4C-13, §16-4C-14, §16-4C-15, §16-4C-16, §16-4C-17, §16-4C-18, §16-4C-20, §16-4C-21, §16-4C-23, and §16-4C-24 of said code; and to amend said code by adding thereto a new section, designated §16-4C-25, all relating to making Office of Emergency Medical Services, including all affiliated councils, boards, and entities, an independent office within Executive Branch of state government; setting effective date of July 1, 2022; providing that Governor shall appoint Director of Office of Emergency Medical Services at salary established by Governor; maintaining all authorities, powers, funds, and duties, and affiliated boards, councils, or commissions of Office of Emergency Medical Services; ensuring legislative rules remain in effect; directing Secretary of the Department of Health and Human Resources and Commissioner of Bureau for Public Health to work with Director of the Office of Emergency Medical Services to ensure smooth transition; requiring Office of Emergency Medical Services to utilize to fullest extent practicable existing resources of the Department of Health and Human Resources for functions necessary for operation of office; and making technical corrections to recognize the transfer elsewhere in code.
Be it enacted by the Legislature of West Virginia:
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT.
ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.
§5F-2-1. Transfer and incorporation of agencies and boards; funds.
(a) The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Administration:
(1) Public Employees Insurance Agency provided in §5-16-1 et seq. of this code;
(2) Governor’s Mansion Advisory Committee provided in §5A-5-1 et seq. of this code;
(3) Commission on Uniform State Laws provided in §29-1A-1 et seq. of this code;
(4) West Virginia Public Employees Grievance Board provided in §6C-3-1 et seq. of this code;
(5) Board of Risk and Insurance Management provided in §29-12-1 et seq. of this code;
(6) Boundary Commission provided in §29-23-1 et seq. of this code;
(7) Public Defender Services provided in §29-21-1 et seq. of this code;
(8) Division of Personnel provided in §29-6-1 et seq. of this code;
(9) The West
Virginia Ethics Commission provided in §6B-2-1 et seq. of this code;
(10) Consolidated Public Retirement Board provided in §5-10D-1 et seq. of this code; and
(11) Real Estate Division provided in §5A-10-1 et seq. of this code.
(b) The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Commerce:
(1) Division of Labor provided in §21-1-1 et seq. of this code, which includes:
(A) Occupational Safety and Health Review Commission provided in §21-3A-1 et seq. of this code; and
(B) Board of Manufactured Housing Construction and Safety provided in §21-9-1 et seq. of this code.
(2) Office of Miners’ Health, Safety, and Training provided in §22A-1-1 et seq. of this code. The following boards are transferred to the Office of Miners’ Health, Safety, and Training for purposes of administrative support and liaison with the Office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in §22A-6-1 et seq. of this code;
(B) Board of Miner Training, Education, and Certification provided in §22A-7-1 et seq. of this code; and
(C) Mine Inspectors’ Examining Board provided in §22A-9-1 et seq. of this code.
(3) Division of Natural Resources and Natural Resources Commission provided in §20-1-1 et seq. of this code;
(4) Division of Forestry provided in §19-1A-1 et seq. of this code;
(5) Geological and Economic Survey provided in §29-2-1 et seq. of this code;
(6) Workforce West Virginia provided in chapter 21A of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information, and Analysis; and
(7) Division of Rehabilitation Services provided in §18-10A-1 et seq. of this code.
(c) The Economic Development Authority provided in §31-15-1 et seq. of this code is continued as an independent agency within the executive branch.
(d) The Water Development Authority and the Water Development Authority Board provided in §22C-1-1 et seq. of this code is continued as an independent agency within the executive branch.
(e) The West Virginia Educational Broadcasting Authority provided in §10-5-1 et seq. of this code and the State Library Commission provided in §10-1-1 et seq. of this code are each continued as separate independent agencies within the Department of Arts, Culture, and History, which shall provide administrative support for both entities.
(f) The Division of Culture and History as established in §29-1-1 et seq. of this code is continued as a separate independent agency within the Executive Branch as the Department of Arts, Culture, and History. All references throughout this code to the “Division of Culture and History” means the “Department of Arts, Culture, and History”.
(g) The following agencies and boards, including all of the allied, advisory, and affiliated entities, are transferred to the Department of Environmental Protection for purposes of administrative support and liaison with the Office of the Governor:
(1) Air Quality Board provided in §22B-2-1 et seq. of this code;
(2) Solid Waste Management Board provided in §22C-3-1 et seq. of this code;
(3) Environmental Quality Board, or its successor board, provided in §22B-3-1 et seq. of this code;
(4) Surface Mine Board provided in §22B-4-1 et seq. of this code;
(5) Oil and Gas Inspectors’ Examining Board provided in §22C-7-1 et seq. of this code;
(6) Shallow Gas Well Review Board provided in §22C-8-1 et seq. of this code; and
(7) Oil and Gas Conservation Commission provided in §22C-9-1 et seq. of this code.
(h) The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Health and Human Resources:
(1) Human Rights Commission provided in §5-11-1 et seq. of this code;
(2) Bureau for Public Health provided in §16-1-1 et seq. of this code;
(3) Office of Emergency
Medical Services and the Emergency Medical Service Advisory Council provided in
§16-4C-1 et seq. of this code;
(4) (3) Health Care Authority provided in §16-29B et
seq. of this code;
(5) (4) State Commission on Intellectual
Disability provided in §29-15-1 et seq. of this code;
(6) (5) Women’s Commission provided in §29-20-1 et
seq. of this code; and
(7) (6) Bureau for Child Support Enforcement
provided in chapter 48 of this code.
(i) The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Homeland Security:
(1) West Virginia State Police;
(2) Division of Emergency Management provided in §15-5-1 et seq. of this code and Emergency Response Commission provided in §15-5A-1 et seq. of this code: Provided, That notwithstanding any other provision of this code to the contrary, whenever in this code, or a rule promulgated thereunder, a reference is made to the Division of Homeland Security and Emergency Management, it shall be construed to mean the Division of Emergency Management;
(3) Division of Administrative Services;
(4) Division of Corrections and Rehabilitation;
(5) Fire Commission;
(6) The State Fire
Marshal;
(7) Board of Probation and Parole;
(8) The West
Virginia Fusion Center;
(9) The Division of
Protective Services; and
(10) Any other agency or entity hereinafter established within the Department of Homeland Security by an act of the Legislature.
(j) The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Revenue:
(1) Tax Division provided in chapter 11 of this code;
(2) Racing Commission provided in §19-23-1 et seq. of this code;
(3) Lottery Commission and position of Lottery Director provided in §29-22-1 of this code;
(4) Insurance Commissioner provided in §33-2-1 et seq. of this code;
(5) West Virginia Alcohol
Beverage Control Commissioner provided in §11-16-1 et seq. of this
code and §60-2-1 et seq. of this code;
(6) Board of Banking and Financial Institutions provided in §31A-3-1 et seq. of this code;
(7) Lending and Credit Rate Board provided in chapter 47A of this code;
(8) Division of Financial Institutions provided in §31A-2-1 et seq. of this code;
(9) The State Budget
Office provided in §11B-2-1 et seq. of this code;
(10) The Municipal
Bond Commission provided in §13-3-1 et seq. of this code;
(11) The Office of
Tax Appeals provided in §11-10A-1 of this code; and
(12) The State
Athletic Commission provided in §29-5A-1 et seq. of this code.
(k) The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Transportation:
(1) Division of Highways provided in §17-2A-1 et seq. of this code;
(2) Parkways Authority provided in §17-16A-1 et seq. of this code;
(3) Division of Motor Vehicles provided in §17A-2-1 et seq. of this code;
(4) Driver’s Licensing Advisory Board provided in §17B-2-1 et seq. of this code;
(5) Aeronautics Commission provided in §29-2A-1 et seq. of this code;
(6) State Rail Authority provided in §29-18-1 et seq. of this code; and
(7) Public Port Authority provided in §17-16B-1 et seq. of this code.
(l) Effective July 1, 2011, the Veterans’ Council provided in §9A-1-1 et seq. of this code, including all of the allied, advisory, affiliated, or related entities and funds associated with it, is incorporated in and administered as a part of the Department of Veterans’ Assistance.
(m) Except for powers, authority, and duties that have been delegated to the secretaries of the departments by of §5F-2-2 of this code, the position of administrator and the powers, authority, and duties of each administrator and agency are not affected by the enactment of this chapter.
(n) Except for powers, authority, and duties that have been delegated to the secretaries of the departments by §5F-2-2 of this code, the existence, powers, authority, and duties of boards and the membership, terms, and qualifications of members of the boards are not affected by the enactment of this chapter. All boards that are appellate bodies or are independent decision- makers may not have their appellate or independent decision-making status affected by the enactment of this chapter.
(o) Any department previously transferred to and incorporated in a department by prior enactment of this section means a division of the appropriate department. Wherever reference is made to any department transferred to and incorporated in a department created in §5F-1-2 of this code, the reference means a division of the appropriate department and any reference to a division of a department so transferred and incorporated means a section of the appropriate division of the department.
(p) When an agency, board, or commission is transferred under a bureau or agency other than a department headed by a secretary pursuant to this section, that transfer is solely for purposes of administrative support and liaison with the Office of the Governor, a department secretary, or a bureau. Nothing in this section extends the powers of department secretaries under §5F-2-2 of this code to any person other than a department secretary and nothing limits or abridges the statutory powers and duties of statutory commissioners or officers pursuant to this code.
(q) The Department of Economic Development as established in §5B-2-1 et seq. of this code is continued as a separate independent agency within the Executive Branch.
(r) The Department of Tourism as established in §5B-2I-1 et seq. of this code is continued as a separate independent agency within the Executive Branch.
(s) The Office of Emergency Medical Services provided in §16-4C-1 et seq. of this code is continued as a separate independent agency with the Executive Branch.
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
§16-4C-1. Short title.
This
article shall be known as the Emergency Medical Services Act. of 1996”
§16-4C-2. Purposes of article.
The Legislature finds and
declares: (1) That the safe and efficient operation of life-saving and
life-preserving emergency medical service to meet the needs of citizens of this
state is a matter of general public interest and concern; (2) to ensure the
provision of adequate emergency medical services within this state for the
protection of the public health, safety and welfare, it is imperative that
minimum standards for emergency medical service personnel be established and
enforced by the state; (3) that emergency medical service personnel should meet
minimum training standards promulgated by the commissioner director;
(4) that it is the public policy of this state to enact legislation to carry
out these purposes and comply with minimum standards for emergency medical
service personnel as specified herein; (5) that any patient who receives
emergency medical service and who is unable to consent thereto should be liable
for the reasonable cost of such service; and (6) that it is the public policy
of this state to encourage emergency medical service providers to do those
things necessary to carry out the powers conferred in this article unless
otherwise forbidden by law.
§16-4C-3. Definitions.
As used in this article, unless the context clearly requires a different meaning:
(a) “Ambulance” means any privately or publicly-owned
vehicle or aircraft which is designed, constructed, or modified; equipped or
maintained; and operated for the transportation of patients, including, but not
limited to, emergency medical services vehicles; rotary and fixed wing air
ambulances; gsa kkk-A-1822 federal standard type I, type II, and type III
vehicles; and specialized multipatient medical transport vehicles operated by
an emergency medical services agency;
(b) “Commissioner” means
the Commissioner of the Bureau for Public Health
(c) “Council” means the Emergency Medical Service
Advisory Council created pursuant to this article;
(d) “Director” means the Director of the Office of
Emergency Medical Service Services;
(e) “Emergency Medical Services” means all services which
are set forth in Public Law 93-154 The Emergency Medical Services Systems Act
of 1973 and those included in and made a part of the emergency medical services
plan of the Department of Health and Human Resources Office of
Emergency Medical Services inclusive of, but not limited to, responding to
the medical needs of an individual to prevent the loss of life or aggravation
of illness or injury;
(f) “Emergency medical service agency” means any agency
licensed under §16-4C-6a of this code to provide emergency medical services;
(g) “Emergency medical service personnel” means any
person certified by the commissioner director to provide
emergency medical services as set forth by legislative rule;
(h) “Emergency medical service provider” means any
authority, person, corporation, partnership, or other entity, public or
private, which owns or operates a licensed emergency medical services agency
providing emergency medical service in this state;
(i) “Governing body” has the meanings ascribed to it as
applied to a municipality in §8-1-2(b)(1) of this code;
(j) “Line officer” means the emergency medical service
personnel, present at the scene of an accident, injury, or illness, who has
taken the responsibility for patient care;
(k) “Medical command” means the issuing of orders by a
physician from a medical facility to emergency medical service personnel for
the purpose of providing appropriate patient care;
(l) “Municipality” has the meaning ascribed to it in §8-1-2(a)(1) of
this code;
(m) “Patient” means any person who is a recipient of the
services provided by emergency medical services;
(n) “Service reciprocity” means the provision of
emergency medical services to citizens of this state by emergency medical
service personnel certified to render those services by a neighboring state;
(o) “Small emergency medical service provider” means any
emergency medical service provider which is made up of less fewer
than 20 emergency medical service personnel; and
(p) “Specialized
multipatient medical transport” means a type of ambulance transport provided
for patients with medical needs greater than those of the average population,
which may require the presence of a trained emergency medical technician during
the transport of the patient: Provided, That the requirement of “greater
medical need” may not prohibit the transportation of a patient whose need is
preventive in nature.
§16-4C-4. Office of Emergency Medical Services created; requiring appointment of a Director of the Office of Emergency Medical Services; staffing.
(a) There is hereby created
within state government under the Commissioner of the Bureau of Public
Health an office to be known as the Office of Emergency Medical Services. A Director of the Office of Emergency Medical Services
shall be appointed by the Secretary of the Department of Health and Human Resources
to Governor, by and with the advice and consent of the Senate, and the
director shall serve at the will and pleasure of the Governor. The director’s
salary shall be set by the Governor. The director shall be the chief executive
officer of the office and shall manage the office in a manner consistent
with the purposes of this article.
(b) The director
shall have experience in the delivery and administration of emergency medical
services and related pre-hospital care. The director shall serve at the will
and pleasure of the secretary and shall not be actively engaged or employed
in any other business, vocation, or employment, serving full time as the
Director of the Office of Emergency Medical Services.
(b) (c) The commissioner director
may employ any technical, clerical, stenographic, and other personnel as may be
necessary to carry out the purposes of this article. The personnel may be paid
from funds appropriated therefor or from other funds as may be made available
for carrying out the purposes of this article.
(c) The Office of
Emergency Medical Services, as created by former §16-4D-4 of this code, shall
continue in existence as the Office of Emergency Medical Services established
by this section
§16-4C-5. Emergency Medical Services Advisory Council; duties; composition; appointment; meetings; compensation and expenses.
(a) The Emergency Medical
Services Advisory Council, created and established by former §16-4C-7 of
this code, is continued for the purpose of developing, with the commissioner
director, standards for emergency medical services personnel and for the
purpose of providing advice to the Office of Emergency Medical Services and the
commissioner director with respect to reviewing and making
recommendations for, and providing assistance to, the establishment and
maintenance of adequate emergency medical services for all portions of this
state.
(b) The council shall
advise the commissioner director in all matters pertaining to his
or her duties and functions in relation to carrying out the purposes of this
article.
(c) The council shall
review any rule proposed by the commissioner director for
legislative approval as provided for in §16-4C-6(a) §16-4C-6 of
this code. After reviewing the legislative rule, the Emergency Medical Services
Advisory Council shall provide a recommendation to the Legislative Rule-Making
Review Committee that the Legislature:
(1) Authorize the promulgation of the legislative rule;
(2) Authorize the promulgation of part of the legislative rule;
(3) Authorize the promulgation of the legislative rule with certain amendments;
(4) Recommend that the proposed rule be withdrawn; or
(5) Reject the proposed rule.
(d) The council shall be
composed of 18 members appointed by the Governor by and with the advice and
consent of the Senate. The Mountain State Emergency Medical Services
Association shall submit to the Governor a list of six names of representatives
from its association and a list of three names shall be submitted to the
Governor of representatives of their respective organizations by the County
Commissioners’ Association of West Virginia, the West Virginia State Firemen’s
Association, the West Virginia Hospital Association, the West Virginia Chapter
of the American College of Emergency Physicians, the West Virginia Emergency
Medical Services Administrators Association, the West Virginia Emergency
Medical Services Coalition, the Ambulance Association of West Virginia, and the
State Department of Education. The Governor shall appoint, from the respective
lists submitted, two persons who represent the Mountain State Emergency Medical
Services Association, one of whom shall be a paramedic and one of whom shall be
an emergency medical technician-basic; and one person from the County
Commissioners’ Association of West Virginia, the West Virginia State Firemen’s
Association, the West Virginia Hospital Association, the West Virginia Chapter
of the American College of Emergency Physicians, the West Virginia Emergency
Medical Services Administrators Association, the West Virginia Emergency
Medical Services Coalition, the Ambulance Association of West Virginia, and the
State Department of Education. In addition, the Governor shall appoint
the following:
(1) One person to represent emergency medical services providers operating within the state;
(2) One person to represent small emergency medical services providers operating within this state;
(3) One person to represent emergency medical services training officers or representatives;
(4) Two people to represent emergency medical services supervisors or administrators; and
(5) Three people to represent the general public who serve as voting members.
(e) Not more than six of the members may be appointed from any one congressional district.
(f) Each term is to be for three years, and no member may serve more than four consecutive terms.
(g) The council shall
choose its own chairperson and meet at the call of the commissioner secretary
at least twice a year.
(h) The members of the council shall receive compensation and expense reimbursement in an amount not to exceed the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law for each day, or substantial portion thereof, engaged in the performance of official duties.
§16-4C-6. Powers and duties of commissioner director.
The commissioner director has the
following powers and duties:
(a) To propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code: Provided, That the rules have been submitted at least 30 days in advance for review by the Emergency Medical Services Advisory Council, who may act only in the presence of a quorum. The rules may include:
(1) Standards and requirements for certification and recertification of emergency medical service personnel, including, but not limited to:
(A) Age, training, testing, and continuing education;
(B) Procedures for certification and recertification, and for denying, suspending, revoking, reinstating, and limiting a certification or recertification;
(C) Levels of certification and the scopes of practice for each level;
(D) Standards of conduct; and
(E) Causes for disciplinary action and sanctions which may be imposed;
(2) Standards and requirements for licensure and licensure renewals of emergency medical service agencies, including:
(A) Operational standards, levels of service, personnel qualifications and training, communications, public access, records management, reporting requirements, medical direction, quality assurance and review, and other requirements necessary for safe and efficient operation;
(B) Inspection standards and establishment of improvement periods to ensure maintenance of the standards;
(C) Fee schedules for licensure, renewal of licensure, and other necessary costs;
(D) Procedures for denying, suspending, revoking, reinstating, or limiting an agency licensure;
(E) Causes for disciplinary action against agencies; and
(F) Administrative penalties, fines, and other disciplinary sanctions which may be imposed on agencies;
(3) Standards and requirements for emergency medical services vehicles, including classifications and specifications;
(4) Standards and requirements for training institutions, including approval or accreditation of sponsors of continuing education, course curricula, and personnel;
(5) Standards and requirements for a State Medical Direction System, including qualifications for a state emergency medical services medical director and regional medical directors, the establishment of a State Medical Policy and Care Committee, and the designation of regional medical command centers;
(6) Provision of services by emergency medical services personnel in hospital emergency rooms;
(7) Authorization to temporarily suspend the
certification of an individual emergency medical services provider prior to a
hearing or notice if the commissioner director finds there is
probable cause that the conduct or continued service or practice of any
individual certificate holder has or may create a danger to public health or
safety; Provided, That the commissioner may rely on
information received from a physician that serves as a medical director in
finding that probable cause exists to temporarily suspend the certification
and
(8) Any other rules necessary to carry out the provisions of this article;
(b) To apply for, receive, and expend advances, grants, contributions, and other forms of assistance from the state or federal government or from any private or public agencies or foundations to carry out the provisions of this article;
(c) To design, develop, and review a Statewide Emergency Medical Services Implementation Plan. The plan shall recommend aid and assistance and all other acts necessary to carry out the purposes of this article:
(1) To encourage local participation by area, county, and community officials, and regional emergency medical services boards of directors; and
(2) To develop a system for monitoring and evaluating emergency medical services programs throughout the state;
(d) To provide professional and technical assistance and to make information available to regional emergency medical services boards of directors and other potential applicants or program sponsors of emergency medical services for purposes of developing and maintaining a statewide system of services;
(e) To assist local government agencies, regional emergency medical services boards of directors, and other public or private entities in obtaining federal, state, or other available funds and services;
(f) To cooperate and work with federal, state, and local governmental agencies, private organizations, and other entities as may be necessary to carry out the purposes of this article;
(g) To acquire in the name of the state by grant, purchase, gift, devise, or any other methods appropriate, real and personal property as may be reasonable and necessary to carry out the purposes of this article;
(h) To make grants and allocations of funds and property so acquired or which may have been appropriated to the agency to other agencies of state and local government as may be appropriate to carry out the purposes of this article;
(i) To expend and distribute by grant or bailment funds and property to all state and local agencies for the purpose of performing the duties and responsibilities of the agency all funds which it may have so acquired, or which may have been appropriated by the Legislature of this state;
(j) To develop a program to inform the public concerning emergency medical services;
(k) To review and disseminate information regarding federal grant assistance relating to emergency medical services;
(l) To prepare and submit to the Governor and Legislature recommendations for legislation in the area of emergency medical services;
(m) To review, make recommendations for, and assist in all projects and programs that provide for emergency medical services whether or not the projects or programs are funded through the Office of Emergency Medical Services. A review and approval shall be required for all emergency medical services projects, programs, or services for which application is made to receive state or federal funds for their operation after the effective date of this act;
(n) To cooperate with the Department of Administration, Purchasing Division, to establish one or more statewide contracts for equipment and supplies utilized by emergency medical services agencies in accordance with §5A-3-1 et seq. of this code:
(1) Any statewide contract established hereunder shall be made available to any emergency medical services agency licensed under §16-4C-6a of this code that is designated to provide emergency response by one or more county emergency dispatch centers.
(2) The office may develop uniform standards for equipment and supplies used by emergency medical services agencies in accordance with §5A-3-1 et seq. of this code.
(3) The office shall propose legislative rules for promulgation in accordance with §29A-3-1 et seq. of this code to effectuate the provisions of this subsection; and
(o) To take all necessary and appropriate action to encourage and foster the cooperation of all emergency medical service providers and facilities within this state.
§16-4C-6a. Emergency medical services agency licensure.
(a) Any person who proposes
to establish or maintain an emergency medical services agency shall file an
application with the commissioner director which includes the
identity of the applicant, any parent or affiliated entity, the proposed level
of service, and the number of emergency medical service response vehicles of
the agency or proposed agency. The commissioner director may
require that additional information be included on each application.
(b) Upon receipt and
review of the application the commissioner director shall issue a
license if he or she finds that the applicant meets the requirements and
quality standards, to be established by the commissioner director,
for an emergency medical services agency license, and if the applicant has
certified under penalty of perjury that he or she is current with all lawful
obligations owed the State of West Virginia, excluding obligations owed in the
current quarter, including, but not limited to, payment of taxes and workers'
compensation premiums: Provided, That the certification set forth in
this paragraph subsection is required for the original
application and subsequent renewals.
§16-4C-6b. Establishment of emergency medical services agency licensure fund; authorized expenditures; annual report.
(a) There is established in
the State Treasury a special revenue fund designated the Emergency Medical
Services Agency Licensure Fund, which shall be administered by the Commissioner
of the Bureau of Public Health Director of the Office of Emergency
Medical Services.
(b) All application, personnel certification, and recertification and agency licensing fees collected pursuant to the provisions of §16-4C-6, §16-4C-6a, and §16-4C-8 of this code shall be deposited into the fund and expended in accordance with the agency licensure and personnel certification and recertification duties imposed in this article.
(c) Any remaining balance, including accrued interest, in the fund at the end of the fiscal year shall not revert to the General Revenue Fund, but shall remain in the account.
(d) On or before
January 1 of each year, the commissioner director shall provide
the Legislature with an annual fiscal year report on the emergency medical
services agency licensure account including, but not limited to, the previous
fiscal year’s expenditures; projected expenditures for the current and next
fiscal years; the number of agency licenses and personnel certifications and
recertifications issued, denied, suspended, or revoked; and, the status of
licensure and certification hearings and court actions.
§16-4C-8. Standards for emergency medical services personnel.
(a) Every ambulance
operated by an emergency medical services agency shall carry at least two
personnel. At least one person shall be certified in cardiopulmonary
resuscitation or first aid and the person in the patient compartment shall be
certified as an emergency medical technician-basic at a minimum except that in
the case of a specialized multi-patient medical transport, only one staff
person is required, and that person shall be certified, at a minimum, at the
level of an emergency medical technician-basic. The requirements of this
subsection will remain in effect until revised by the legislative rule to be
promulgated pursuant to §16-4C-8(b) of this code.
(b) On or before May 28,
2010, the commissioner shall submit a proposed legislative rule to the
Emergency Medical Services Advisory Council for review, and on or before June
30, 2010, shall file the proposed legislative rule with the Office of the
Secretary of State, in accordance with the provisions of §29A-3-1 et seq.
of this code, to establish certification standards for emergency medical
vehicle operators and to revise the requirements for emergency medical services
personnel.
(c) As of the effective
date of the legislative rule to be promulgated pursuant to §16-4C-8(b),
emergency medical services personnel who operate ambulances shall meet the
requirements set forth in the legislative rule.
(d) (b) Any person desiring emergency medical
services personnel certification shall apply to the commissioner director
using forms and procedures prescribed by the commissioner director.
Upon receipt of the application, the commissioner director shall
determine whether the applicant meets the certification requirements and may
examine the applicant if necessary to make that determination.
(e) (c) The applicant shall submit to a national
criminal background check, the requirement of which is declared to be not
against public policy.
(1) The applicant shall meet all requirements necessary to accomplish the national criminal background check, including submitting fingerprints, and authorizing the West Virginia Office of Emergency Medical Services, the West Virginia State Police, and the Federal Bureau of Investigation to use all records submitted and produced for the purpose of screening the applicant for certification.
(2) The results of the national criminal background check may not be released to or by a private entity.
(3) The applicant shall submit a fee of $75 for initial certification and a fee of $50 for recertification. The fees set forth in this subsection remain in effect until modified by legislative rule.
(f)(d) An
application for an original, renewal, or temporary emergency medical service
personnel certificate or emergency medical services agency license shall be
acted upon by the commissioner director and the certificate or
license delivered or mailed, or a copy of any order of the commissioner director
denying any such application delivered or mailed to the applicant, within 15
days after the date upon which the complete application, including test scores
and background checks, if applicable, was received by the commissioner director.
(g)(e) Any
person may report to the commissioner or the Director of the Office of
Emergency Medical Services information he or she may have that appears to show
that a person certified by the commissioner director may have
violated the provisions of this article or legislative rules promulgated
pursuant to this article. A person who is certified by the commissioner director,
who knows of or observes another person certified by the director
violating the provisions of this article or legislative rules promulgated
pursuant to this article, has a duty to report the violation to the commissioner
or director. Any person who reports or provides information in good faith
is immune from civil liability.
(h)(f) The commissioner
director may issue a temporary emergency medical services personnel
certificate to an applicant, with or without examination of the applicant, when
he or she finds that issuance to be in the public interest. Unless suspended or
revoked, a temporary certificate shall be valid initially for a period not
exceeding 120 days and may not be renewed unless the commissioner director
finds the renewal to be in the public interest.
(i)(g) For
purposes of certification or recertification of emergency medical services
personnel, the commissioner director shall recognize and give
full credit for all continuing education credits that have been approved or
recognized by any state or nationally recognized accrediting body.
(j)(h)
Notwithstanding any other provision of code or rule, the commissioner director
recognizes that military personnel, members of the National Guardsmen
National Guard, members of the United States Coast Guard, and
members of the Reserve Components of the Armed Services have advanced skills
and training necessary to meet the requirements of this section to be certified
as an emergency medical technician-paramedic upon application. Any person may
seek automatic certification as an emergency medical technician-paramedic in this
state if he or she has:
(1) Been honorably discharged from any branch of the United States military;
(2) Received paramedic or
similar life-saving medical training in positions including, but not limited
to, United States Army Combat Medic, United States Air Force Pararescue, United
States Air Force Combat Rescue Officer, United States
Navy Hospital Corpsman – Advanced Technical Field, United States Coast
Guard Health Services Technician, National Guard Health Care Specialist, the Reserve
Components of any of the preceding positions, or can otherwise demonstrate that
his or her occupation in the military received substantially similar training
to be certified as required by the commissioner director; and
(3) Received an honorable discharge within two years of the application date.
(k)(i)
Notwithstanding any other provision of code or rule, the commissioner director
recognizes that military personnel, National Guardsmen members of the
National Guard, members of the United States Coast Guard, and members of
the Reserve Components of the Armed Services have advanced skills and training
necessary to meet the requirements of this section to be certified as an
emergency medical technician-basic upon application. Any person may seek
automatic certification as an emergency medical technician-basic in this state
if he or she has:
(1) Been honorably discharged from any branch in the United States military;
(2) Received emergency
medical technician training or similar life-saving medical training in positions
including, but not limited to, United States Army Infantryman, United States
Air Force Security Forces, United States Navy Hospital Corpsman, United States
Coast Guard Aviation Survival Technician, United States Marines Infantryman,
National Guard Infantryman, and Reserve Components of any of the preceding
positions, or can otherwise demonstrate that his or her occupation in the
military received substantially similar training to be certified as required by
the commissioner director; and
(3) Received an honorable discharge within two years of the application date.
(l)(m)(j) Upon
reviewing an application for certification pursuant to subsection (j)(h)
and subsection (k)(i) of this section, the commissioner director
shall issue an appropriate certificate to the individual applying for
certification as an emergency medical technician-paramedic or emergency medical
technician-basic without further examination or education. If an individual
certified pursuant to this section permits his or her certification to expire,
the commissioner director may require examination as a condition
of recertification.
§16-4C-8a. Courtesy certification of emergency medical services personnel in surrounding states.
(a) It is the intention of the Legislature to permit individuals who have been certified as emergency medical services personnel in a state bordering West Virginia to serve as emergency medical services personnel in West Virginia.
(b) Beginning July 1, 2018, the Commissioner
of the Bureau for Public Health Effective July 1, 2022, the Director of
the Office of Emergency Medical Services shall establish a process by which a courtesy certification
to serve as an emergency medical responder or emergency medical technician in
this state may be issued to any person who satisfies the following
requirements:
(1) Is certified as an emergency medical responder or emergency medical technician, or a similar certification, in good standing in a state bordering West Virginia;
(2) Complies with the application process and
procedures established by the Commissioner of the Bureau for Public Health
director; and
(3) Submits any required fee.
(4) Until such time as the Director of the Office of Emergency Medical Services adopts a new process of courtesy certification, the process in place as of July 1, 2022, shall remain in effect.
(c) Issuance of a courtesy certification shall not be
withheld by the Commissioner of the Bureau for Public Health director
based on an individual’s failure to satisfy the minimum eligibility
requirements for emergency medical services personnel set forth in legislative
rules promulgated pursuant to §16-4C-6 of this code.
(d) The Commissioner of the Bureau for Public
Health director shall propose rules for legislative approval in
accordance with the provisions of §29A-3-1 et seq. of this code to
implement the provisions of this section.
(e) Any courtesy certification issued pursuant to this section may be revoked at any time if the individual’s certification in the bordering state is restricted, revoked, or otherwise expires.
(f) Any courtesy certification issued pursuant to this section must be renewed biennially.
§16-4C-9. Complaints; investigations; due process procedure; grounds for disciplinary action.
(a) The commissioner
director may at any time upon his or her own motion, and shall, upon the
written complaint of any person, cause an investigation to be conducted to
determine whether grounds exist for disciplinary action under this article or
legislative rules promulgated pursuant to this article.
(b) An investigator or
other person who, under the direction of the commissioner or the
director, gathers or reports information in good faith to the commissioner
or the director is immune from civil liability.
(c) After reviewing any
information obtained through an investigation, the commissioner or
director shall determine if probable cause exists that the licensee or
certificate holder has violated any provision of this article or rules
promulgated pursuant to this article.
(d) Upon a finding that
probable cause exists that the licensee or certificate holder has violated any
provision of this article or rules promulgated pursuant to this article, the commissioner
or director shall provide a copy of the complaint and notice of hearing to
the licensee or certificate holder. Upon a finding of probable cause that the
conduct or continued service or practice of any individual certificate holder
may create a danger to public health or safety, the commissioner director
may temporarily suspend the certification prior to a hearing or notice: Provided,
That the commissioner may rely on information received from a physician
that serves as a medical director in finding that probable cause exists to
temporarily suspend the certification: Provided, however, That That
the commissioner director shall simultaneously institute
proceedings for a hearing in accordance with §16-4C-10 of this code.
(e) The commissioner or
the director may enter into a consent decree or hold a hearing for the
suspension or revocation of the license or certification or the imposition of
sanctions against the licensee or certificate holder.
(f) The commissioner or
the director may issue subpoenas and subpoenas duces tecum to obtain
testimony and documents to aid in the investigation of allegations against any
person or agency regulated by the article.
(g) The commissioner or
the director may sign a consent decree or other legal document related to
the complaint.
(h) The commissioner
director shall suspend or revoke any certificate, temporary certificate,
or license when he or she finds the holder has:
(1) Obtained a certificate, temporary certificate, or license by means of fraud or deceit; or
(2) Been grossly
incompetent and/or or grossly negligent, or both, as
defined by the commissioner director in accordance with rules or
by prevailing standards of emergency medical services care; or
(3) Failed or refused to
comply with the provisions of this article or any legislative rule promulgated
by the commissioner director or any order or final decision of
the commissioner director; or
(4) Engaged in any act during the course of duty which has endangered or is likely to endanger the health, welfare, or safety of the public.
(i) The commissioner or
the director may, after notice and opportunity for hearing, deny or refuse
to renew, suspend, or revoke the license or certification of, impose
probationary conditions upon, or take disciplinary action against, any licensee
or certificate holder for any violation of this article or any rule promulgated
pursuant to this article, once a violation has been proven by a preponderance
of the evidence.
(j) Disciplinary action may include:
(1) Reprimand;
(2) Probation;
(3) Administrative penalties and fines;
(4) Mandatory attendance at continuing education seminars or other training;
(5) Practicing under supervision or other restriction;
(6) Requiring the licensee
or holder of a certificate to report to the commissioner or director for
periodic interviews for a specified period of time;
(7) Other disciplinary
action considered by the commissioner or director to be necessary to
protect the public, including advising other parties whose legitimate interests
may be at risk; or
(8) Other sanctions as set forth by legislative rule promulgated pursuant to this article.
(k) The commissioner director
shall suspend or revoke any certificate, temporary certificate, or license if
he or she finds the existence of any grounds which would justify the denial of
an application for the certificate, temporary certificate, or license if
application were then being made for it.
§16-4C-10. Procedures for hearing; right of appeal; judicial review.
(a) Hearings are governed by the provisions of §29A-5-1 et seq. of this code.
(b) The commissioner or
director may conduct the hearing or elect to have an Administrative Law
Judge administrative law judge conduct the hearing.
(c) If the hearing is
conducted by an Administrative Law Judge administrative law judge,
the Administrative Law Judge administrative law judge shall
prepare a proposed written order at the conclusion of a hearing containing
findings of fact and conclusions of law. The proposed order may contain
proposed disciplinary actions if the commissioner or director so
directs. The commissioner secretary may accept, reject, or modify
the decision of the Administrative Law Judge.
(d) The commissioner or
director has the authority to administer oaths, examine any person under oath,
and issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing,
the commissioner or director determines the licensee or holder of a
certificate has violated any provision of this article or the legislative rules
promulgated pursuant to this article, a formal written decision shall be
prepared which contains findings of fact, conclusions of law, and a specific
description of the disciplinary actions imposed.
(f) The order of the Commissioner
or director is final unless vacated or modified upon judicial review.
(g) Any licensee or
certificate holder adversely affected by a final order made and entered by the commissioner
or director is entitled to judicial review. All of the pertinent provisions
of §29A-5-4 of this code apply to and govern the review with like effect as if
the provisions of the section were set forth herein.
(h) The judgment of the circuit court is final unless reversed, vacated, or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of §29A-6-1 of this code.
§16-4C-12. Violations; criminal penalties.
(a) When, as a result of an
investigation under this article or otherwise, the commissioner or
director has reason to believe that a licensee or certificate holder has
committed a criminal offense, the commissioner or director may bring the
information to the attention of an appropriate law-enforcement official.
(b) Any person who violates any law
or rule or operates an ambulance with an insufficient number of emergency
medical service personnel aboard when not lawfully permitted to do so, or who
represents himself or herself as a certified emergency medical service
personnel knowing the representation to be untrue, is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000:
Provided, That after July 1, 2010, the fine shall not be more than $5,000.
§16-4C-13. Actions to enjoin violations; injunctive relief.
(a) Whenever it appears to the commissioner director
that any person has been or is violating or is about to violate any provision
of this article or any final order of the commissioner director,
the commissioner director may apply, in the name of the state, to
the circuit court of the county in which the violation or any part thereof has
occurred, is occurring, or is about to occur, for an injunction against the
person and any other persons who have been, are, or are about to be, involved
in, or in any way participating in, any practices, acts, or omissions so in
violation, enjoining the person or persons from any such violation. The
application may be made and prosecuted to conclusion whether or not any such
violation has resulted or shall result in prosecution or conviction under the
provisions of §16-4C-12 of this code.
(b) Upon application by the commissioner director,
the circuit courts of this state may by mandatory or prohibitory injunction
compel compliance with the provisions of this article and all final orders of
the commissioner director.
(c) The circuit court may issue a temporary injunction in any case pending a decision on the merits of any application filed.
(d) The judgment of the circuit court upon any application permitted by the provisions of this section shall be final unless reversed, vacated, or modified on appeal to the Supreme Court of Appeals of West Virginia. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil cases.
§16-4C-14. Services that may be performed by emergency medical service personnel.
(a) Notwithstanding any other provision of law, emergency
medical service personnel may provide the services as determined by the commissioner
director by legislative rule pursuant to the provisions of §29A-3-1 et
seq. of this code.
(b) Legislative rules governing provision of these
services in a hospital emergency room setting shall be developed by the commissioner
director and shall include provisions allowing paramedics to function
under the direct supervision of a registered professional nurse in a hospital
emergency room setting. Provision of these services in an emergency room
hospital setting shall not be initiated until a legislative rule establishing
training requirements, standards, and requirements for these functions is in
effect. The Legislature therefore directs the commissioner to propose this
legislative rule on or before July 1, 2006. Further, the The Commissioner
director may promulgate this rule as an emergency rule pursuant to the
provisions of §29A-3-15 of this code. Any rule so promulgated shall provide
that paramedics are under the jurisdiction of the commissioner director.
(c) The West Virginia Board of
Registered Professional Nurses may propose legislative rules, pursuant to
§29A-3-1 et seq. of the this code, relating to the scope
of practice for nurses as those practices relates relate to
overseeing these paramedics. The provisions of this section and any rules
promulgated thereunder may not be construed to alter in any manner the duties,
role, or responsibilities of attending physicians regarding the providing and
oversight of patient care.
§16-4C-15. Powers of emergency medical service attendants, emergency medical technicians-basic, and emergency medical technicians-paramedic during emergency communications failures and disasters.
(a) In the event of a communications failure between the certified emergency medical services agency personnel, as defined in §16-4C-3 of this code, and the physician during an emergency situation, the certified personnel is authorized to deliver the services as authorized in §16-4C-14 of this code.
(b) In the event of a
disaster or other occurrence which renders the communication system ineffective
for purposes of adequate individual direction between the physician and the
certified emergency medical services agency personnel, the personnel may
perform the services as authorized pursuant to the provisions of
§16-4C-14 of this code and may release immediate control of the patient to any
other emergency medical service personnel in order to provide immediate
services to other patients affected by the disaster or other occurrence.
(c) In the event that services are
provided under subsection (a) or (b) of this section, the emergency medical
services personnel shall, within five days, provide a report to the commissioner
director, on the forms prescribed by him or her, of the services
performed, the identity of the patient, and the circumstances justifying the
provision of the services. The commissioner director may require
any other information deemed necessary.
§16-4C-16. Limitation of liability; mandatory errors and omissions insurance.
(a) Every person,
corporation, ambulance service, emergency medical service provider, emergency
ambulance authority, emergency ambulance service, or other person which that
employs emergency medical service personnel with or without wages for ambulance
service or provides ambulance service in any manner, shall obtain a policy of
insurance insuring the person or entity and every employee, agent, or servant,
against loss from the liability imposed by law for damages arising from any
error or omission in the provision of emergency medical services as enumerated
by this article, in an amount no less than $1 million per incident.
(b) No emergency medical service personnel or emergency medical service provider is liable for civil damages or injuries in excess of the amounts for which the person or entity is actually insured unless the damages or injuries are intentionally or maliciously inflicted.
(c) Every person or entity
required by this section to obtain a policy of insurance shall furnish proof of
the existence of the policy to the commissioner director on or
before January 1 of each calendar year.
(d) Any person or entity who fails to secure a policy of insurance before providing emergency medical services is not entitled to the limited liability created by subsection (b) of this section: Provided, That any physician who gives instructions to emergency medical service personnel without being compensated, or who treats any patient transported in an ambulance or treats any patient prior to the transport, without being compensated, is entitled to the limited liability provided in subsection (b) of this section.
§16-4C-17. Limitation of liability for failure to obtain consent.
(a) No emergency medical service personnel may be subject to civil liability based solely upon failure to obtain consent in rendering emergency medical services to any individual regardless of age where the patient is unable to give his or her consent for any reason, including minority, and where there is no other person reasonably available who is legally authorized to consent to the providing of such care or who is legally authorized to refuse to consent to the providing of such care.
(b) Nothing in this article may be construed to require medical treatment or transportation for any adult in contravention of his or her stated objection thereto upon religious grounds or pursuant to any living will or do not resuscitate orders: Provided, That the emergency medical service provider is actually aware of the living will or do not resuscitate order.
§16-4C-18. Authority of emergency medical service personnel in charge of emergency medical services.
(a) When any department, agency, or entity which provides emergency medical services under the authority of this article is responding to, operating at, or returning from an emergency medical service, any emergency medical service personnel serving in the capacity of an emergency medical service line officer in charge, shall control and direct the providing of emergency medical services. The emergency medical service personnel serving in the capacity of an emergency medical service line officer shall determine whether a patient shall be transported from the emergency scene, determine what care shall be rendered prior to the transport, determine the appropriate facility to which the patient shall be transported, and otherwise fully direct and control the providing of emergency medical services and patient care under the direction of medical command.
(b) Nothing included in this section may be construed to restrict or interfere with the authority of a fire officer in charge to supervise or direct those fire department personnel under his or her command or to restrict any person from entering a hazardous area for which the fire officer has assumed the responsibility.
§16-4C-20. Service reciprocity agreements for mutual aid.
(a) Any persons or entities providing lawful emergency
medical services under the provisions of this article are hereby authorized in
their discretion to enter into and renew service reciprocity agreements,
for any period as they may deem advisable, with the appropriate emergency
medical service providers, county, municipal, or other governmental units, or
in counties contiguous to the State of West Virginia, in the state of Ohio, the
commonwealth of Pennsylvania, the state of Maryland, the commonwealth of
Virginia, or the commonwealth of Kentucky, in order to establish and carry into
effect a plan to provide mutual aid across state lines through the furnishing
of properly certified personnel and equipment for the provision of emergency
medical services in this state and the counties contiguous to this state upon
written approval by the commissioner director.
(b) No person or entity may enter into any such agreement unless the agreement provides that each of the parties to the agreement shall waive any and all claims against the other parties thereto, which may arise out of their activities outside of their respective jurisdictions under the agreement and shall indemnify and save harmless the other parties to the agreement from all claims by third parties for property damages or personal injuries which may arise out of the activities of the other parties to the agreement outside their respective jurisdictions under the agreement.
(c) The commissioner director
is hereby authorized to may enter into service reciprocity
agreements with appropriate officials in other states for the purpose of
providing emergency medical services to the citizens of this state by emergency
medical service personnel properly certified in their respective state or
states. A formal agreement between the commissioner director and
an authorized official of another state shall be in effect prior to the service
being provided. Individual certification of other state emergency medical
service personnel is not required for purposes of providing services to West
Virginia citizens following the creation of the agreement by the responsible
officials.
§16-4C-21. Restriction for provision of emergency medical services by out-of-state emergency medical service personnel or providers of emergency medical services.
The commissioner director
may issue an order on his or her own motion upon written request of any
emergency medical service provider or county commission in this state, to
restrict an out-of-state provider of emergency medical services or an
out-of-state emergency medical service personnel to a particular geographic
area of the state of West Virginia or prohibit the provider or personnel from
providing emergency medical services within the borders of this state when in
the opinion of the commissioner director the services are not
required or do not meet the standards set forth herein or those established by
rules as authorized by this article.
§16-4C-23. Authority of the commissioner to make director
to promulgate rules.
(a) The commissioner
director shall propose for promulgation legislative rules pursuant to
§29A-3-1 et seq. of this code to carry out the purposes of this article.
(b) Notwithstanding the
provisions of §16-4C-6(a) of this code, the commissioner director
shall propose for promulgation a legislative rule regulating fire department
rapid response services pursuant to §29A-3-1 et seq. of this code which:
(1) Establishes licensure and certification requirements for fire department
rapid response services who charge for their services or transport patients;
(2) incorporates necessary applicable emergency medical services requirements
for licensure for “emergency medical services” as the requirements apply to
fire departments and as defined in §16-4C-3(e) of this code; and (3) creates an
exemption from licensure for certain fire departments who do not charge for
their services or patient transport, but who provide rapid response services
pursuant to an agreement with a licensed emergency medical services agency that
addresses medical direction, training, quality assurance, and liability
insurance.
§16-4C-24. Emergency Medical Services Equipment and Training Fund; establishment of grant program for equipment and training of emergency medical service providers and personnel.
(a) There is hereby created in the State Treasury a
special revenue fund to be known as the Emergency Medical Services Equipment
and Training Fund. Expenditures from the fund by the Office of Emergency
Medical Services Bureau for Public Health, Department of Health and Human Resources
are authorized from collections. The fund may only be used for the purpose
of providing grants to equip emergency medical services providers and train
emergency medical services personnel, as defined in §16-4C-3 of this code. Any
balance remaining in the fund at the end of any fiscal year does not revert to
the General Revenue Fund but remains in the special revenue fund.
(b) The Commissioner of the Bureau for Public
Health Director of the Office of Emergency Medical Services shall
establish a grant program for equipment and training of emergency medical
services providers and personnel. Such grant program shall be open to all
emergency medical services personnel and providers, but priority shall be given
to rural and volunteer emergency medical services providers.
(c) The Commissioner of the Bureau for Public
Health director shall propose legislative rules for promulgation in
accordance with §29A-3-1 et seq. of this code to implement the grant
program established pursuant to this section.
§16-4C-25. Office of Emergency Medical Services elevated to independent office.
(a) Effective July 1, 2022, the Office of Emergency Medical Services, previously part of the Department of Health and Human Resources, including all the allied, advisory, affiliated, or related entities, boards, commissions, councils, or funds associated with the office, is continued but shall become an independent office within the Executive Branch of state government.
(b) All contracts, along with rights and obligations thereunder, obtained or signed by or on behalf of the Office of Emergency Medical Services shall remain in force.
(c) All previously authorized legislative rules of the Office of Emergency Medical Services or of the Bureau for Public Health related or relevant to the Office of Emergency Medical Services shall remain in effect unless and until amended, superseded, or repealed.
(d) The authorities, powers, and duties of the Office of Emergency Medical Services remain unchanged by this section.
(e) The rights and authority over the funds administered by the Commissioner of the Bureau for Public Health on behalf of the Office of Emergency Medical Services, or the Secretary of the Department of Health and Human Resources on behalf of the Office of Emergency Medical Services, are transferred to the Office of Emergency Medical Services, including, but not limited to, the Emergency Medical Services Agency Licensure Fund established in §16-4C-6b of this code, and the Emergency Medical Services Equipment and Training Fund established in §16-4C-24 of this code.
(f) The Secretary of the Department of Health and Human Resources and the Commissioner of the Bureau for Public Health shall cooperate with the Director of the Office of Emergency Medical Services to provide for the orderly transition of the Office of Emergency Medical Services to an independent office.
(g) The Office of Emergency Medical Services shall utilize, to the fullest extent practicable and efficient, existing resources of the Department of Health and Human Resources for functions necessary for the operation of the office but which functions are not directly related to the purposes of the office provided in §16-4C-1 et seq. of this code. The office may enter into such agreements with the Department of Health and Human Resources as may be necessary or advisable to utilize existing resources of this state.
