H. B. 2722
(By Delegates Thomas, Evans, Hunt and Fleischauer)
[Introduced March 25, 1997; referred to the
Committee on Health and Human Resources.]
A BILL to amend and reenact section eight, article four-c,
chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to emergency
medical service personnel and prohibiting any emergency
medical service personnel from serving on an ambulance crew
who is a convicted sex offender.
Be it enacted by the Legislature of West Virginia:
That section eight, article four-c, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
§16-4C-8. Standards for emergency medical service personnel.
(a) Every ambulance operated by an emergency medical service
agency shall carry at least two personnel who have not been convicted of a sexual offense under the provisions of article
eight-b, chapter sixty-one of the code or convicted of a sexual
offense in any other state and the conviction has become final.
At least one 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.
(b) As a minimum the training for each class of emergency
medical service personnel shall include:
(1) Emergency medical service attendant: Shall have earned
and possess valid certificates from the department or by
authorities recognized and approved by the commissioner;
(2) Emergency medical technician-basic: Shall have
successfully completed the course for certification as an
emergency medical technician-basic as established by the
commissioner or authorities recognized and approved by the
commissioner; and
(3) Emergency medical technician-paramedic: Shall have
successfully completed the course for certification as an
emergency medical technician-paramedic established by the
commissioner or authorities recognized and approved by the
commissioner.
The foregoing may not be considered to limit the power of
the commissioner to prescribe training, certification and recertification standards.
(c) Any person desiring emergency medical service personnel
certification shall apply to the commissioner using forms and
procedures prescribed by the commissioner. Upon receipt of the
application, the commissioner shall determine whether the
applicant meets the certification requirements and may examine
the applicant, if necessary to make that determination. If it is
determined that the applicant meets all of the requirements, the
commissioner shall issue an appropriate emergency medical service
personnel certificate which shall be valid for a period as
determined by the commissioner.
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 one hundred miles of the provider's
primary place of operation at sites determined by the regional
emergency medical services offices. The continuing education
program shall be provided at a cost specified in a fee schedule
to be promulgated by legislative rule in accordance with the
provisions of article three, chapter twenty-nine-a of this code
by the department of health to all nonprofit emergency medical
service personnel.
(d) The commissioner may issue a temporary emergency medical
service 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 one hundred twenty days and may not be renewed unless
the commissioner finds the renewal to be in the public interest.
The expiration date of a temporary certificate shall be extended
until the holder is afforded at least one opportunity to take an
emergency medical service personnel training course within the
general area where he or she serves as an emergency medical
service personnel, but the expiration date may not be extended
for any longer period of time or for any other reason.
NOTE: The purpose of this bill is to prohibit emergency
medical personnel who are convicted sex offenders from serving on
an ambulance crew.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.