Senate Bill No. 262
(By Senator Tomblin, Mr. President)
____________
[Introduced January 31, 1996; referred to the Committee
on Health and Human Resources; and then to the Committee on
Finance.]
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A BILL to amend and reenact sections one through twenty-three,
inclusive, article four-c, chapter sixteen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended; and to further amend said article by adding thereto
a new section, designated section six-a, all relating to
establishing emergency medical services agencies; licensure;
and emergency medical service personnel.
Be it enacted by the Legislature of West Virginia:
That sections one through twenty-three, inclusive, article
four-c, chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and
reenacted; and that said article be further amended by adding thereto a new section, designated section six-a, all to read as
follows:
ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
§16-4C-1. Short title.
This article shall be known as the "Emergency Medical
Services Act of 1984 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) that, in order
to ensure 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 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; and (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 agencies to do
any and all things necessary or convenient to carry out the
powers given 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:
"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.
"Ambulance service" means the transportation, and treatment
at the site of pickup and en route, of a patient to or from a
place where medical, hospital or clinical service is normally
available. "Emergency Medical Service (EMS) Agency" means any
agency licensed under section six-a of this article to provide
emergency medical services.
"Council" means the emergency medical service advisory
council created pursuant to section five of this article.
"Director" means the director of health.
"Emergency medical services" means all services which are set forth in P.L. 93-154 "The Emergency Medical Services 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, caring for and giving
life-saving or life-preserving treatment to a patient responding
to real or perceived individual need for medical care in order to
prevent loss of life or aggravation of illness or injury.
"Emergency medical service personnel" means any person
certified by the director to provide emergency medical services
as set out in section eight of this article and includes, but is
not limited to, emergency medical service attendants attendant,
emergency medical technicians, emergency medical technicians-
ambulance, emergency medical technicians-intermediate, mobile
intensive care paramedics emergency medical technician-basic, and
emergency medical technician-paramedics technician-paramedic.
physicians, osteopathic physicians, persons certified to provide
cardiopulmonary resuscitation, registered nurses and licensed
practical nurses who have been trained in first aid, or other
licensed or certified health providers who meet the standards
and training requirements as determined by the director.
"Emergency medical service attendant" means a person certified by the director to render such emergency medical
services as are authorized for such an emergency medical service
attendant in section eight of this article.
"Emergency medical technician" means a person certified by
the director to render such emergency medical services as are
authorized for such emergency medical technician in section eight
of this article.
"Emergency medical technician-ambulance" "Emergency medical
technician-basic" means a person certified by the director to
render such emergency medical services as are authorized for such
emergency medical technician-ambulance an emergency medical
technician-basic in section eight of this article.
"Emergency medical technician-intermediate" means a person
certified by the director to render such emergency medical
services as are authorized for such emergency medical technician-
intermediate in section eight of this article.
"Emergency medical technician-critical care" means a person
certified by the director to render such emergency medical
services as are authorized for such emergency medical technician-
critical care in section eight of this article.
"Mobile intensive care paramedic" means a person certified by the director to render such emergency medical services as are
authorized for such mobile intensive care paramedic in section
eight of this article.
"Emergency medical technician-paramedic" means a person
certified by the director to render such emergency medical
services as are authorized for such an emergency medical
technician-paramedic in section eight of this article.
"Emergency medical service provider" means any authority,
person, corporation, partnership or other entity, public or
private, which owns or operates an ambulance which provides a
licensed EMS agency providing emergency medical service in this
state.
"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.
"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.
"Medical command" means the issuing of orders by a physician
or osteopathic physician from a medical facility to emergency
medical service personnel for the purpose of providing appropriate patient care.
"Municipality" has the meaning ascribed to it in subdivision
(1), subsection (a), section two, article one, chapter eight of
this code.
"Patient" means any sick, injured, wounded or otherwise
incapacitated or helpless person, or an expectant mother who
needs medical, hospital or clinical service under an existing or
imminent emergency situation person who is a recipient or
potential recipient of the services provided by emergency medical
services.
"Service reciprocity" means the provision of emergency
medical services to citizens of this state by emergency medical
service personnel certified to render such services by a
neighboring state.
"Small emergency medical service provider" means any
emergency medical service provider which is made up of less than
twenty emergency medical service personnel.
§16-4C-4. Office of emergency medical services created;
staffing.
There is hereby created within state government under the
director of the department of health and human resources an office to be known as the office of emergency medical services.
The director may employ such technical, clerical,
stenographic and other personnel as may be necessary to carry out
the purposes of this article. Such The personnel may be paid
from funds appropriated therefor or from such 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-5. Emergency medical services advisory council; duties,
composition, appointment, meetings, compensation
and expenses; continuation.
The emergency medical services advisory council, heretofore
created and established by former section seven of this article,
shall be continued for the purpose of developing, with the
director, standards for emergency medical service personnel and
for the purpose of providing advice to the office of emergency
medical services and the director thereof, as established by
section four of this article 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.
The council shall have the duty to advise the director in
all matters pertaining to his or her duties and functions in
relation to carrying out the purposes of this article.
The council shall be composed of thirteen 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 their association and a list of three names shall be
submitted to the governor of representatives of their respective
organizations by the West Virginia association of county
officials, West Virginia state firemen's association, the West
Virginia hospital association, West Virginia state medical
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 technician-basic, and
one person from the West Virginia association of county
officials, West Virginia state firemen's association, the West
Virginia hospital association, West Virginia state medical
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 in addition 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 two persons to represent the general
public. Not more than five of the members shall may be appointed
from any one congressional district. No member shall may serve
more than four consecutive terms.
The council shall choose its own chairman and meet at the
call of the director at least twice a year.
The members of such the council may be reimbursed for any
and all reasonable and necessary expenses actually incurred in the performance of their duties.
The Legislature hereby finds and declares that the emergency
medical services advisory council should be continued and
reestablished. Accordingly, notwithstanding the provisions of
article ten, chapter four of this code, the emergency medical
services advisory council shall continue to exist until the first
day of July, one thousand nine hundred ninety-six, to allow for
completion of a preliminary performance review through the joint
committee on government operations.
§16-4C-6. Powers and duties of director.
The director shall have the following powers and duties:
(a) In accordance with chapter twenty-nine-a of this code,
to promulgate rules and regulations regarding the age, training,
retraining, testing and certification and recertification of
emergency medical service personnel: Provided, That the director
may not promulgate any rule or regulation until it is approved by
the emergency medical services advisory council. The council
shall may take no action unless a quorum is present.
(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 annually review a statewide
emergency medical services implementation plan. Such The plan
shall recommend aid and assistance and all other such acts as
shall be are necessary to carry out the purposes of this article:
(1) To encourage local participation by area, county and
community officials and area 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 and area 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 such services.
(e) To assist local government agencies, or area and
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 such 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 such 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 such funds
and property to all such state and local agencies for the purpose
of performing the duties and responsibilities of such the agency
all such 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. programs.
(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 and make recommendations for and to assist or
aid in all projects and programs which provide for emergency
medical services regardless of whether or not such the projects
or programs are funded through the office of emergency medical
services. Such The 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 take all necessary and appropriate action to
encourage and foster the cooperation of all emergency medical
service providers and facilities within this state.
(o) Nothing in this article shall may be construed to allow
the director to dissolve, invalidate or eliminate any existing
EMS program or ambulance providers in service at the time of
adoption of the amendment to this article in the regular session
of the Legislature in the year one thousand nine hundred eighty-
four, or to deny them fair access to federal and state funding
and to medical facilities and training programs. nor require an
EMS program serving any community having thirty or fewer active
volunteers to have more than one person who is certified as an
emergency medical service personnel notwithstanding the provisions of section eight of this article or any other
provisions of this code.
§16-4C-6a. Emergency medical services agency licensure.
Any person who proposes to establish or maintain an EMS
agency shall file an application with the director, containing
such information as the director requires, including, without
limitation, the identity of the applicant and any parent or
affiliated entity, the level of service proposed and the number
of emergency medical service response vehicles for which
application is made.
Upon receipt and review of an application for license, the
director shall issue a license if he or she finds that the
applicant is responsible and suitable to establish or maintain
the proposed service and meets the requirements and quality
standards as the director established for an EMS agency license.
Upon review and consultation with the advisory council the
director may establish a reasonable fee for application and
licensure.
§16-4C-7. Vehicles, aircraft and persons aboard them exempted
from requirements of article.
The following vehicles and aircraft are exempted from the application of the provisions of this article and rules
promulgated pursuant to it and persons aboard them are not
required to comply with the provisions of section eight of this
article:
(a) Privately owned vehicles and aircraft not ordinarily
used in the business or service of transporting patients.
(b) Vehicles and aircraft used as ambulances in case of a
catastrophe or emergency when the ambulances normally staffed by
certified emergency medical service personnel based in the
locality of the catastrophe or emergency are insufficient to
render the service required.
(c) Ambulances based outside this state, except that
emergency medical service personnel aboard any such ambulance
receiving a patient within this state for transportation to a
location within this state must shall comply with the provisions
of this article and the rules promulgated pursuant to it except
in the event of a catastrophe or emergency when the ambulances
normally staffed by certified emergency medical service personnel
based in the locality of the catastrophe or emergency are
insufficient to render the services required.
(d) Ambulances owned by or operated under the direct control of a governmental agency of the United States.
(e) Vehicles and aircraft designed primarily for rescue
operations which do not ordinarily transport patients.
§16-4C-8. Standards for emergency medical service personnel.
(1) After the first day of January, one thousand nine
hundred eighty-five, every ambulance which provides ambulance
service or emergency medical services shall carry two persons who
are certified as emergency medical service personnel, one of
which personnel shall be in the patient compartment at all times
when a patient is being transported by such ambulance. As a
minimum, of the personnel carried by any ambulance operated by
any emergency medical service provider, one shall be trained in
cardiopulmonary resuscitation and one shall be certified as an
emergency medical service attendant.
(2) After the first day of July, one thousand nine hundred
eighty-six, at least one of the emergency medical services
personnel referred to in the immediately preceding subsection
shall be minimally certified as an emergency medical technician-
ambulance on any emergency call and such person shall be in the
patient compartment at all times a patient is being transported.
(1) Every ambulance operated by an EMS agency shall carry at least two personnel. As a minimum one such person shall be
certified in cardiopulmonary resuscitation or first aid and the
person in the patient-compartment shall be minimally certified as
an emergency medical technician-basic.
As a minimum, the training for each class of emergency
medical service personnel shall include:
(a) Emergency medical service attendant: Shall have earned
and possess valid certificates from the department or by
authorities recognized and approved by the director. in advanced
first aid or equivalent training and cardiopulmonary
resuscitation.
(b) Emergency medical technician: Shall have successfully
completed the course on emergency care of the sick and injured
established by the director or by authorities recognized and
approved by the director.
(c) (b) Emergency medical technician-ambulance technician-
basic: Shall have successfully completed the course for
certification as an emergency medical technician-ambulance
technician-basic as established by the director or authorities
recognized and approved by the director.
(d) Emergency medical technician-intermediate: Shall have successfully completed the course for certification as an
emergency medical technician-ambulance and such other course of
study and certification as may be established by the director.
(e) Emergency medical technician-critical care: Shall have
successfully completed the course for certification as an
emergency medical technician-critical care and such other course
of study and certification as may be established by the director.
(f) Mobile intensive care paramedic: Shall have
successfully completed the course for certification as a mobile
intensive care paramedic and such other course of study and
certification as may be established by the director.
(g) (c) Emergency medical technician-paramedic: Shall have
successfully completed the course for certification as an
emergency medical technician-paramedic and such other course of
study and certification as may be established by the director
established by the director or authorities recognized and
approved by the director.
The foregoing shall may not be considered to limit the power
of the director to prescribe training, certification and
recertification standards.
State and county continuing education and recertification programs for all levels of emergency medical service providers
shall be available to emergency medical service providers at a
convenient site within the county in which the emergency medical
service provider operates, or in an adjacent county within thirty
minutes travel time of the provider's primary place of operation.
Such continuing education program shall be provided free of
charge by the department of health to all nonprofit emergency
medical service providers.
(3) (2) Any person desiring emergency medical services
service personnel certification shall apply to the director using
forms and procedures prescribed by the director. Upon receipt of
such the application, the director shall determine if whether the
applicant meets the requirements for certification and examine
the applicant, as in his or her discretion, as is necessary to
make such a determination. If it is determined that the
applicant meets all of the requirements, the director shall issue
an appropriate emergency medical service personnel certificate to
the applicant. Emergency medical service personnel certificates
issued by the director shall be valid for a period not to exceed
three years from the date of their issuance unless sooner
suspended or revoked by the director. Certificates may be renewed for additional periods not to exceed three years after
review and determination by the director that such holder meets
the requirements established for emergency medical service
personnel as determined by the director.
(4) (3) The director may issue a temporary emergency medical
service personnel certificate to an applicant, with or without
examination of the applicant, when he or she finds such the
issuance to be in the public interest. Unless sooner suspended
or revoked a temporary certificate shall be valid initially for
a period not exceeding one hundred twenty days and it shall may
not be renewed thereafter unless the director finds such the
renewal to be in the public interest. Provided, That The
expiration date of any such temporary certificate issued shall be
extended until the holder of such the certificate is afforded at
least one opportunity to take an emergency medical services
service personnel training course within the general area where
he or she serves as an emergency medical service personnel, but
the expiration date shall may not be extended for any longer
period of time or for any other reason.
(4) The director may, on petition from an emergency medical
service provider, squad, ambulance authority or county commission, grant an extension for compliance with paragraphs (1)
and (2) paragraph (1) of this section where circumstances prevent
such the emergency medical service provider, squad, ambulance
authority or county commission from meeting the time frames
indicated. Such The extension shall be for no longer than twelve
calendar months from the date of the request and the request for
extension must shall include such information as may be required
by the director to determine if all reasonable efforts have been
made to comply with this section. No petitioner shall may be
granted more than one extension under this section.
§16-4C-9. Suspension or revocation of certificate or
temporary certificate.
(a) The director may at any time upon his or her own motion,
and shall, upon the verified written complaint of any person,
cause an investigation to be conducted to determine whether there
are any grounds for the suspension or revocation of a certificate
or temporary certificate issued under the provisions of this
article.
(b) The director shall suspend or revoke any certificate or
temporary certificate when he or she finds the holder thereof
has:
(1) Obtained a certificate or temporary certificate by means
of fraud or deceit; or
(2) Been grossly incompetent, and/or grossly negligent as
defined by the director in accordance with rules and regulations
or by prevailing standards of emergency medical services care; or
(3) Failed or refused to comply with the provisions of this
article or any reasonable rule and regulation promulgated by the
director hereunder or any order or final decision of the
director.
(c) The director shall suspend or revoke any certificate or
temporary certificate if he or she finds the existence of any
grounds which would justify the denial of an application for such
the certificate or temporary permit if application were then
being made for it.
§16-4C-10. Notice of refusal, suspension or revocation of
certificate; appeals to director; judicial review.
An application for an original emergency medical service
personnel certificate, for the renewal of an emergency medical
service personnel certificate or for a temporary emergency
medical service personnel certificate, shall be acted upon by the
director and the director's certificate delivered or mailed, or a copy of any order of the director denying any such application
delivered or mailed to the applicant, by the director within
fifteen days after the date upon which such the application
including test scores, if applicable, was received by the
director.
Whenever the director refuses to issue an emergency medical
service personnel certificate or a temporary emergency medical
service personnel certificate, or suspends or revokes an
emergency medical service personnel certificate, or a temporary
emergency medical service personnel certificate, he or she shall
make and enter an order to that effect, which order shall specify
the reasons for such the denial, suspension or revocation, and
shall cause a copy of such the order to be served in person or by
certified mail, return receipt requested, on the applicant or
certificate holder, as the case may be.
Whenever a certificate is suspended or revoked, the director
shall in the order of suspension or revocation direct the holder
thereof to return his or her certificate to the director. It
shall be the duty of such the certificate holder to comply with
any such order following expiration of the period provided for an
appeal to the director.
Any applicant or certificate holder, as the case may be,
adversely affected by an order made and entered by the director
may appeal to the director for an order vacating or modifying
such the order or for such order as the director should have
entered. The person so appealing shall be known as the
appellant. An appeal shall be perfected by filing a notice of
appeal with the director within ten days after the date upon
which the appellant received the copy of such the order. The
notice of appeal shall be in such form and contain such
information as may be prescribed by the director, but in all
cases shall contain a description of any order appealed from and
the grounds for said the appeal. The filing of the notice of
appeal shall operate to stay or suspend execution of any order
which is the subject matter of the appeal. All of the pertinent
provisions of article five, chapter twenty-nine-a of this code
apply to and govern the hearing on appeal and the administrative
procedures in connection with and following such the hearing,
with like effect as if the provisions of said article five,
chapter twenty-nine-a of this code were set forth in extenso
herein.
The director shall set a hearing date which shall be not less than ten days after he or she received the notice of appeal
unless there is a postponement or continuance. The director may
postpone or continue any hearing on his or her own motion, or for
good cause shown upon the application of the appellant. The
appellant shall be given notice of said the hearing in person or
by certified mail, return receipt requested. Any such hearing
shall be held in Charleston, Kanawha County, West Virginia,
unless another place is specified by the director.
After such the hearing and consideration of all of the
testimony, evidence and record in the case, the director shall
make and enter an order affirming, modifying or vacating his or
her initial order or shall make and enter any new order. Such
The order shall be accompanied by findings of fact and
conclusions of law as specified in section three, article five,
chapter twenty-nine-a of this code, and a copy of such the order
and accompanying findings and conclusions shall be served upon
the appellant, in person or by certified mail, return receipt
requested. The order of the director shall be final unless
vacated or modified upon judicial review thereof.
Any appellant adversely affected by a final order made and
entered by the director is entitled to judicial review thereof. All of the pertinent provisions of section four, article five,
chapter twenty-nine-a of this code shall apply to and govern such
the review with like effect as if the provisions of said section
four, article five, chapter twenty-nine-a of this code were set
forth in extenso herein. The judgment of the circuit court shall
be final unless reversed, vacated or modified on appeal to the
supreme court of appeals in accordance with the provisions of
section one, article six, chapter twenty- nine-a of this code.
§16-4C-11. Liability for cost of emergency medical service.
Any patient who receives ambulance service an emergency
medical service and who is unable to give his or her consent to
or contract for the service, whether or not he or she has agreed
or consented to liability for the service, shall be liable in
implied contract to the entity providing the ambulance service
emergency medical service for the cost thereof.
Any person who receives ambulance service an emergency
medical service upon his or her request for such the service
shall be liable for the cost thereof.
§16-4C-12. Violations; criminal penalties.
Any person who knowingly violates any condition of licensure
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 such the
representation to be untrue, shall be is guilty of a misdemeanor,
and, upon conviction thereof, shall be fined not less than one
hundred dollars nor more than one thousand dollars.
§16-4C-13. Actions to enjoin violations; injunctive relief.
Whenever it appears to the director that any person has been
or is violating or is about to violate any provisions provision
of this article or any final order of the director, the director
may apply in the name of the state, to the circuit court of the
county in which the violation or violations or any part thereof
has occurred, is occurring or is about to occur, for an
injunction against such 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 such the person or persons from any such
violation. or violations Such The application may be made and
prosecuted to conclusion whether or not any such violation or
violations have has resulted or shall result in prosecution or
conviction under the provisions of section twelve of the this article.
Upon application by the 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 director.
The circuit court may issue a temporary injunction in any
case pending a decision on the merits of any application filed.
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. 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.
Notwithstanding any other provision of law, emergency
medical service personnel, by each class, may provide the
following care:
(1) Emergency medical services service attendant--Render
basic first-aid and cardiopulmonary resuscitation and other
services as are established by the director the care permitted to be performed by an emergency medical service attendant and in
addition, upon order of a medical command physician, perform
other services as are established by the director.
(2) Emergency medical technician--Render care which may be
performed by an emergency medical services attendant and other
services as are established by the director.
(3) (2) Emergency medical technician-ambulance technician-
basic--Render the care permitted which may be performed by an
emergency medical service attendant and by an emergency medical
technician to be performed by an emergency medical technician-
basic, and, in addition, upon order of a medical command
physician, perform any other services as are established by the
director.
(4) Emergency medical technician-intermediate--Render the
care permitted which may be performed by an emergency medical
service attendant, emergency medical technician and emergency
medical technician-ambulance; and, in addition, upon the order of
a medical command physician or surgeon, perform any other
services as are established by the director.
(5) Emergency medical technician-critical--Render the care
permitted which may be performed by an emergency medical service attendant, an emergency medical technician, emergency medical
technician-ambulance, emergency medical technician-intermediate;
and, in addition, upon order of a medical command physician or
surgeon, perform any other services as are established by the
director.
(6) Mobile intensive care paramedic--Render care which may
be performed by an emergency medical service attendant, an
emergency medical technician, emergency medical technician-
ambulance, emergency medical technician-intermediate, emergency
medical technician-critical care; and, in addition, upon order of
a medical command physician or surgeon, perform any other
services as are established by the director.
(7) (3) Emergency medical technician-paramedic--Render care
which may be performed by an emergency medical service attendant,
an emergency medical technician, an emergency medical technician-
ambulance, emergency medical technician-intermediate, emergency
medical technician-critical care, mobile intensive care paramedic
to be performed by an emergency medical technician-basic, and, in
addition, upon order of a medical command physician, or surgeon
perform any other services as are established by the director.
§16-4C-15. Powers of emergency medical service attendants, emergency medical technicians-basic
and emergency medical technicians-paramedic during
emergency communications failures and disasters.
(1) If radio or telephone communications between an
emergency medical technician-intermediate, a mobile intensive
care paramedic emergency medical service attendant, an emergency
medical technician-basic or an emergency medical technician-
paramedic and physician fail during an emergency situation, such
emergency medical technician-intermediate, mobile intensive care
paramedic the emergency medical service attendant, emergency
medical technician-basic or emergency medical technician-
paramedic may perform any procedure for which such emergency
medical technician-intermediate, mobile intensive care paramedic
the emergency medical services attendant, emergency medical
technician-basic or emergency medical technician-paramedic is
authorized by section fourteen of this article if in the judgment
of the emergency medical technician-intermediate, mobile
intensive care paramedic emergency medical service attendant,
emergency medical technician-basic or emergency medical
technician-paramedic the life of the patient is in immediate
danger and such care is required to preserve life.
(2) In the event of a disaster or other occurrence where the
communication system between emergency medical technician-
intermediate, mobile intensive care paramedic the emergency
medical service attendant, emergency medical technician-basic or
emergency medical technician-paramedic and physician is unable to
adequately convey individual direction to the emergency medical
technician-intermediate, mobile intensive care paramedic
emergency medical service attendant, emergency medical
technician-basic or emergency medical technician-paramedic, such
emergency medical technician-intermediate, mobile intensive care
paramedic the emergency medical service attendant, emergency
medical technician-basic or emergency medical technician-
paramedic may perform such services as are authorized by section
fourteen of this article without direct voice contact with a
medical command physician or written order of a medical command
physician, and may release immediate control of such the patient
upon whom such the services have been performed to any emergency
medical services service personnel in order that such emergency
medical technician-intermediate, mobile intensive care paramedic
the emergency medical service attendant, emergency medical
technician-basic or emergency medical technician-paramedic may provide immediate services to other patients affected by such the
disaster or such other occurrence.
(3) In the event that services are provided under the
circumstances contemplated by this section, such emergency
medical technician-intermediate, mobile intensive care paramedic
the emergency medical service attendant, emergency medical
technician-basic or emergency medical technician-paramedic shall,
within five days of the providing of such the services, make a
report to the director on forms prescribed by the director of
what services were performed, the identity of the patient or
patients upon whom such the services were performed and the
circumstances justifying the provision of such the services and
such other information as may be required by the director.
§16-4C-16. Limitation of liability; mandatory errors and
omissions insurance.
(1) On and after the first day of July, one thousand nine
hundred eighty-five Every person, corporation, ambulance
service, emergency medical service provider, emergency ambulance
authority, emergency ambulance service, or other persons which
employ person which employs emergency medical services service
personnel with or without wages for ambulance service or provides ambulance service in any manner, shall obtain a policy of
insurance insuring such the person or entity and every employee,
agent or servant thereof, 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 one hundred thousand dollars
per incident.
(2) No emergency medical services service personnel or
emergency medical services service provider shall may be liable
for civil damages or injuries in excess of the amounts for which
such persons or entities are the person or entity is actually
insured, unless such the damages or injuries are intentionally or
maliciously inflicted.
(3) Every person or entity required to obtain a policy of
insurance as contemplated by this section, shall furnish to the
director on or before the first day of January of each calendar
year proof of the existence of the policy of insurance required
by this section.
(4) In the event that any such person or entity fails to
secure a policy of insurance on or before the first day of July,
one thousand nine hundred eighty-five, or before such before the person or entity undertakes the provision of emergency medical
services or ambulance services EMS agency, whichever shall occur
occurs last, and keep such keeps the policy of insurance in force
thereafter, that person or entity is not entitled to the limited
immunity created by subsection (2): Provided, That any
physician, or surgeon who gives instructions to emergency medical
service personnel without being compensated therefor, or who
treats any patient transported in an ambulance or treats any
patient prior to such the transport, without being compensated
therefor, shall be is entitled to the limited immunity provided
in subsection (2) of this section.
§16-4C-17. Limitation of liability for failure to obtain
consent.
No emergency medical services 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.
Nothing in this article shall may be construed to require
medical treatment or transportation for any adult in
contravention of his or her stated objection thereto upon
religious grounds.
§16-4C-18. Authority of emergency medical service personnel in
charge of emergency medical services.
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 emergencies an
emergency medical service, any emergency medical services service
personnel serving in the capacity of an emergency medical
services 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 services service line officer shall determine whether a
patient shall be transported from the emergency scene, determine
what care shall be rendered prior to such the transport,
determine what the appropriate facility to which such the patient
shall be transported, and otherwise fully direct and control the
providing provision of emergency medical services and patient
care under the direction of medical command.
Nothing included in this section shall 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 such the fire officer has assumed the
responsibility.
§16-4C-19. Obstructing an emergency medical service personnel.
Any person who knowingly or intentionally obstructs,
assaults or interferes with an emergency medical services service
or rescue personnel performing or attempting to perform his or
her functions or duties as an emergency medical services service
or rescue personnel shall be is guilty of a misdemeanor felony,
and, upon conviction thereof, shall be fined not more than one
thousand dollars or confined in the county or regional jail for
a period not exceeding one year, or both fined and confined.
§16-4C-20. Service reciprocity agreements for mutual aid.
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 such period as they may deem
advisable, with the appropriate emergency medical services 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 such the counties
contiguous to this state upon written approval by the director.
No such person or entity may enter into any such agreement
unless the agreement provides that each of the parties to such
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 such the agreement and
shall indemnify and save harmless the other parties to such 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 such the agreement outside their respective
jurisdictions under such the agreement.
The director is hereby authorized to 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 director and an authorized official
of another state must shall be in effect prior to such 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 such 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 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 such the provider
or personnel from providing emergency medical services within the
borders of this state when in the opinion of the director such
the services are not required or do not meet the standards set forth herein or those established by rules and regulations as
authorized by this article.
§16-4C-22. Transportation of unconscious or otherwise
uncommunicative patients.
(a) Emergency medical service personnel shall transport
critically ill or injured, unconscious or otherwise
uncommunicative patients to the medical facility designated by
the medical command physician.
(b) No person shall may have the right to direct emergency
medical service personnel to transport a patient to a specific
medical facility unless such the person is the legal guardian,
parent of a minor or has power of attorney for the critically
injured or ill patient.
§16-4C-23. Authority of the director to make regulations.
The director is hereby authorized and empowered to make
regulations promulgate rules pursuant to the procedures
established in chapter twenty-nine-a of this code for the purpose
of carrying out the purposes of this article.
NOTE: The purpose of this bill is to establish emergency
medical services agencies and licensure thereof, and to provide standards for emergency medical service personnel.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
Section six-a is new; therefore, strike-throughs and
underscoring have been omitted.