WEST virginia legislature
2019 regular session
Introduced
House Bill 2626
By Delegates Staggers, Angelucci, S. Brown, Boggs and Paynter
[Introduced January 24, 2019; Referred
to the Committee on Health and Human Resources then Government Organization.]
A BILL to amend and reenact §16-4C-3, §16-4C-4, §16-4C-5, and §16-4C-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §16-4C-4a, §16-4C-4b and §16-4C-5a, all relating to emergency medical services; continuing the Office of Emergency Medical Services as an independent office within the Department of Military Affairs and Public Safety; updating definitions; creating the positions of Executive Director, Medical Director and Administrative Director for the office; establishing and clarifying the powers and duties of the directors; reconstituting the Emergency Medical Service Advisory Council with nine members; and requirements for the state medical protocols.
Be it enacted by the Legislature of West Virginia:
ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
§16-4C-3. Definitions.
As used in this article, unless the context clearly requires a different meaning:
(a) “Administrative Director” means the person, appointed by the executive director in charge of administration within the Office of Emergency Medical Service;
(a) (b) “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 Executive Director of the
Office of Emergency Medical Service. in the Bureau for Public Health
(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 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 section six-a of this article to provide emergency
medical services;
(g) “Emergency medical service personnel” means any person
certified by the commissioner under this article 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 subdivision (1), subsection (b), section two,
article one, chapter eight of this code means a political subdivision of
this state;
(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 licensed
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
subdivision (1), subsection (a), section two, article one, chapter eight of
this code “Medical Director” means the licensed physician, appointed by
the executive director, in charge of formulating medical protocol for emergency
medical service personnel within the Office of Emergency Medical Service;
(m) “Office” means the Office of Emergency Medical Services within the Division of Homeland Security and Emergency Management;
(m) (n) “Patient” means any person who is a
recipient of the services provided by emergency medical services;
(o) “Secretary” means the Secretary of the Department of Military Affairs and Public Safety;
(n) (p) “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) (q) “Small emergency medical service
provider” means any emergency medical service provider which is made up of less
than 20 emergency medical service personnel; and
(p) (r) “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; staffing.
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) The Office of Emergency Medical Services is continued and commencing July 1, 2019, is an office within the Department of Military Affairs and Public Safety.
(b) On or before July 1, 2019, the Secretary of the Department of Military Affairs and Public Safety shall appoint an executive director for the Office of Emergency Medical Services. The executive director must be a graduate of an accredited college or university with at least five years of administrative experience in a medical field.
(c) On or before September 1, 2019, the executive director shall appoint the following:
(1) A medical director who must be a physician licensed to practice in West Virginia for at least five years and who has at least five years of experience working with or in the field of emergency medical services; and
(2) An administrative director who must be a graduate of an accredited college or university with at least five years of administrative experience.
The commissioner executive 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.
The office of emergency medical services as created by
former section four, article four-d of this chapter, shall continue in
existence as the office of emergency medical services established by this
section
§16-4C-4a. Powers and duties of the Medical Director.
(a) The executive director appoints the medical director. The medical director is a part-time position as set by the executive director.
(b) The medical director may establish and update state medical protocols for emergency medical service agencies and personnel. The medical director shall formulate the state medical protocols with the advice of the Emergency Medical Service Advisory Council.
(c) Prior to January 1, 2020, the medical director, with the advice of the council, shall establish the basic state medical protocols that are in concert with the national medical standards. These basic state medical protocols become effective on January 1, 2020.
(d) At least every five years after January 1, 2020, or within six months of a change to medical standards at the national level, the medical director, with the advice of the council, shall update the state medical protocols to adhere to the national medical standards for prehospital care.
§16-4C-4b. Powers and duties of the Administrative Director.
(a) The executive director appoints the administrative director. This is a full-time position with the salary set by the executive director.
(b) The administrative director shall:
(1) Set office policy, and oversee and manage the office under the direction of the executive director;
(2) Oversee the certification and licensing of emergency medical service agencies and personnel, including enforcing educational requirements;
(3) Investigate emergency medical service agencies and personnel;
(4) Be the staff for the Emergency Medical Services Advisory Council, including setting meeting dates, providing notice and setting the agenda;
(5) Perform cost analyses for the office; and
(6) Perform such other duties as directed by the executive director.
§16-4C-5. Emergency Medical Services Advisory Council; duties; composition; appointment; meetings; compensation and expenses.
(a) The Emergency Medical Services Advisory Council heretofore
created and established by former section seven of this article is
continued for the purpose of developing standards with the Commissioner
executive director. standards for emergency medical service personnel
and for the purpose of providing advice to the Office of Emergency Medical
Services and the Commissioner 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 have the duty to advise the
Commissioner in all matters pertaining to his or her duties and functions in
relation to carrying out the purposes of this article
(c) (b) Effective July 1, 2019, the Council
shall be composed of fifteen the following 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
(1) One person representing 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 one person to represent emergency medical service providers
operating within the state, one person to represent small emergency medical
service providers operating within this state and three persons to represent
the general public Not more than six of the members may be appointed from any
one congressional district
(2) One person representing a large for profit EMS provider;
(3) One person representing a rural not for profit EMS provider;
(4) One person representing Level I or II teaching hospitals;
(5) One person representing a rural hospital.
(6) One person from each congressional district representing administrators or operating officers of EMS; and
(7) One West Virginia licensed physician from each congressional district.
(d) (c) Not more than six of the
members may be appointed from any one congressional district. Each
member must be a resident of this state during the appointment term.
(e) (d) The initial appointment terms shall be
staggered. After the initial appointment each term is to be for three
five years and no member may serve more than four two consecutive
terms.
(f) (e) The Council shall annually choose
its own chairman chairperson. and meet at the call of the
Commissioner at least twice a year.
(f) The council shall meet quarterly, and any other meetings may be held at the call of the executive director. The meeting may be held in person or by electronic means.
(h) (g) 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 not to
exceed the same 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.
(i) (h) The Governor may remove a board
member for neglect of duty, incompetence or official misconduct.
(j) (i) A majority of the board members,
regardless of any vacancy, constitutes a quorum.
§16-4C-5a. Powers and duties of the Emergency Medical Services Advisory Council.
The Emergency Medical Services Advisory Council may:
(1) Advise the medical director when he or she is formulating the state medical protocols for emergency medical service agencies and personnel;
(2) Advise the executive director when he or she is developing the standards for emergency medical service agencies and personnel;
(3) Review and make recommendations for, and provide assistance to, the establishment and maintenance of adequate emergency medical services for all portions of this state; and
(4) Advise in all matters pertaining to carrying out the purposes of this article.
§16-4C-6. Powers and duties of commissioner the
executive director.
(a) The executive director is appointed by the secretary and is a full-time position with the salary set by the secretary.
(b) The commissioner
executive director has the following powers and duties:
(1) 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 that
include:
(1) (A)
Standards and requirements for certification and recertification of emergency
medical service personnel, including, but not limited to:
(A) (i)
Age, training, testing, and continuing education;
(B) (ii)
Procedures for certification and recertification, and including
procedures and timelines for incomplete applications;
(iii) Procedures for denying, suspending, revoking, reinstating, and limiting a certification or recertification;
(C) (iv) Levels
of certification and the scopes of practice for each level and (D)
standards of conduct for each level; and
(v) Including procedures and timelines for incomplete applications;
(E) (vi)
Causes for disciplinary action and the sanctions which may be imposed.
(2) (B) Standards
and requirements for licensure and licensure renewals license and
renewal of license of emergency medical service agencies, including:
(A) (i)
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) (ii)
Inspection standards and establishment of improvement periods to ensure
maintenance of the standards;
(C) (iii)
The fee schedules for licensure licenses, renewal of licensure
licenses, and other necessary costs;
(D) (iv)
Procedures for denying, suspending, revoking, reinstating, or limiting an
agency licensure a license;
(E) (v) Causes
for disciplinary action against agencies; and
(F) (vi)
Administrative penalties, fines, and other disciplinary sanctions which may be
imposed on agencies;
(3) (C)
Standards and requirements for emergency medical services vehicles, including
classifications and specifications;
(4) (D)
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) (E)
A provision of services by emergency medical service personnel in hospital
emergency rooms;
(7) (F)
An authorization to temporarily suspend the license or certification
of an individual emergency medical services provider agency or
personnel prior to a hearing or notice if the commissioner executive director finds there
is probable cause that the conduct or continued service or practice of any
individual a license or certificate holder has or may create a
danger to public health or safety: Provided, That the commissioner
executive director may rely on information
received from a physician that serves as a squad medical director in
finding that probable cause exists to temporarily suspend the license or
certification; and
(8) (G)
Any other rules necessary to carry out the provisions of this article;
(b) To (2)
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 (3)
Design, develop, and review a Statewide Emergency Medical Services
Implementation Plan. The plan shall recommend aid and assistance to and
all other acts necessary to carry out the purposes of this article:
(1) (A)
To encourage local participation by area, county, and community officials, and
regional emergency medical services boards of directors; and
(2) To (B)
Develop a system for monitoring and evaluating emergency medical services
programs throughout the state; and
(C) Provide all other acts necessary to carry out the purposes of this article.
(d) To (4)
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 (5)
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 (6)
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 (7)
acquire in the name of the state by grant, purchase, gift, devise, or any other
appropriate methods appropriate, real and personal property as
may be reasonable and necessary to carry out the purposes of this article;
(h) To (8)
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 (9)
Expend and distribute by grant or bailment all funds and property,
which it may have acquired by grant of appropriation 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 (10)
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 (11)
Prepare and submit to the Governor and Legislature recommendations for
legislation in the area of emergency medical services;
(m) To (12)
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
advice 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 (13)
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) (A)
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) (B)
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) (C)
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 (14)
take all necessary and appropriate action to encourage and foster the
cooperation of all emergency medical service providers and facilities within
this state.
NOTE: The purpose of this bill is to continue the Office of Emergency Medical Services as an independent office within the Department of Military Affairs and Public Safety. It updates definitions; creates the positions of Executive Director, Medical Director and Administrative Director for the Office; and establishes and clarifies the powers and duties of the directors. The bill reconstitutes the Emergency Medical Service Advisory Council with nine members. And, it provides requirements for the state medical protocols.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.