Senate Bill No. 21

(By Senators Oliverio and Kessler)

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[Introduced January 14, 1998;

referred to the Committee on Health and Human Resources; and then to the Committee on Finance.]

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A BILL to amend chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article four-d, relating to public health; creating the children's emergency medical and injury prevention systems act; legislative findings and declaration; definitions; coordinator of emergency medical service systems for children; program; advisory council; and administrative procedures.

Be it enacted by the Legislature of West Virginia:
That chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article four-d, to read as follows:
ARTICLE 4D. CHILDREN'S EMERGENCY MEDICAL AND INJURY PREVENTION SYSTEMS ACT.

§16-4D-1. Legislative findings and declarations.

The Legislature finds and declares that:
(a) Traumatic injuries, such as automobile accidents, bicycle accidents, drownings and poisonings are the most common cause of death in children over the age of one; and children have a high death rate in these emergency situations. Lifetime cost associated with injury has been estimated at thirteen billion eight hundred million dollars for children under the age of fifteen years and thirty-nine billion one hundred million dollars for ages fifteen to twenty-four years. Available estimates indicate that the implementation of comprehensive and effectively linked services for emergency medical care does insure better outcomes and that the economic benefits of an emergency medical service system enhanced to address the needs of children would be significant.
(b) Children react differently than adults to stress, metabolize drugs differently, and suffer different illnesses and injuries. Because of these differences, children's emergency medical needs should be recognized.
(c) Emergency medical systems training programs focus almost exclusively on adults and therefore currently offer inadequate hours of pediatric training. In addition, many emergency medical service systems personnel have insufficient clinical experience with children, indicating a public health need to improve training of these personnel in pediatric emergencies.
(d) It is the public policy of this state that children are entitled to comprehensive emergency medical services and injury prevention systems, including prehospital, hospital and rehabilitative care, and that the public is entitled to accurate information regarding the availability of such systems.
(e) A 1993 report from the Institute of Medicine of the National Academy of Sciences found that emergency medical services for children in the United States are inadequate. The report recommends that states develop emergency medical systems capability to care for children to ensure that children receive adequate and appropriate emergency medical care necessary to prevent loss of life and human potential.
§16-4D-2. Definitions.
As used in this article:
"Advanced life support" means an advanced level of prehospital, interhospital and emergency service care that includes basic life support functions, cardiac monitoring, cardiac defibrillation, telemetered electrocardiography, administration of antiarrhythmic agents, intravenous therapy, administration of specific medications, drugs and solutions, use of adjunctive ventilation devices, trauma care and other techniques and procedures authorized in writing by the commissioner pursuant to department rule and the provisions of section three, article four-c, chapter sixteen of this code.
"Advisory council" means the emergency medical service and injury prevention systems for the children advisory council (EMSC) established pursuant to section five of this article.
"Basic life support" means a basic level of prehospital care which includes patient stabilization, airway clearance, cardiopulmonary resuscitation, hemorrhage control, initial wound and fracture stabilization and other techniques and procedures authorized by the commissioner.
"Commissioner" means the commissioner of the department of health.
"Coordinator" means the person coordinating the EMSC program within the office of emergency medical service systems in the department of health.
"Department" means the department of health.
"EMIPSC program" means the emergency medical service and injury prevention systems for children program, pursuant to section three of this article, and other relevant activities conducted by the office of emergency medical service systems in the department of health in support of prevention programs and the appropriate treatment, transport and triage of ill or injured children.
"Emergency medical services systems personnel" means persons trained to provide emergency medical care and certified or licensed to do so whether on a paid volunteer basis, as part of a basic life support or advanced life support prehospital emergency care service or in an emergency department or pediatric critical care or specialty unit in a licensed hospital.
"Prehospital care" means emergency medical care or transportation by persons trained to provide emergency medical care, and certified or licensed to do so at the scene of an emergency and while transporting sick or injured persons to a medical care facility or provider.
§16-4D-3. Office of emergency medical systems for children coordinator.
(a) There is established within the office of emergency medical services systems, in the department of health, the emergency medical service and injury prevention systems for children (EMIPSC) program.
(b) The commissioner shall hire a full-time coordinator for the EMIPSC program in consultation with and by the recommendation of the advisory council. The state may choose to place the coordinator and the charge to develop the EMIPSC program with the West Virginia emergency medical services technical support network, the nonprofit corporation maintained to administer the West Virginia state emergency medical service (EMS) system.
(c) The coordinator shall implement the statewide EMIPSC following consultation with, and at the recommendation of, the advisory council. The coordinator shall serve as a liaison to the advisory council.
(d) The coordinator may employ professional, technical, research and clerical staff as necessary within the limits of available appropriations.
(e)
The coordinator may solicit and accept grants of funds from the federal government and from other public and private sources.
(f) The coordinator shall annually file a public report with the Legislature on the state of emergency medical service for children in the state of West Virginia.
§16-4D-4. EMIPSC program.
The EMIPSC program shall include, but not be limited to, the establishment of the following:
(a) Initial and continuing education programs for emergency medical service systems personnel that include training in the emergency care of infants and children;
(b) Guidelines for referring children to appropriate emergency treatment facilities;
(c) Pediatric equipment guidelines for prehospital care;
(d) Guidelines for hospital-based emergency departments appropriate for pediatric care to assess, stabilize and treat critically ill infants and children, either to resolve the problem, or to prepare the child for transfer to a pediatric intensive care unit or a pediatric trauma center;
(e) Guidelines for pediatric intensive care units, pediatric trauma center and intermediate care units fully equipped and staffed by appropriately trained critical care pediatric physicians, surgeons, nurses and therapists;
(f) An interhospital transfer system for critically ill or injured children;
(g) Pediatric rehabilitation units staffed by rehabilitation specialists and capable of providing any service required to assure maximum recovery from the physical, emotional and cognitive effects of critical illness and severe trauma;
(h) Guidelines for the implementation of injury prevention programs throughout the state in conjunction with local fire, public safety and school personnel;
(i) Guidelines for the collection, analysis and public dissemination of quality assurance information regarding ongoing improvements in the EMIPSC program. The identities of patients, emergency and critical care medical services personnel and emergency and critical care medical services facilities mentioned, referenced or otherwise appearing in any information or data collected or prepared pursuant to the EMSIPC program shall be treated as strictly confidential. The identities of such persons or entities are not available to the public under the state freedom of information act or discoverable or admissible in any civil, administrative or criminal proceeding. An individual in attendance at any such proceeding may not be required to testify as to the identity of any such person or entity;
(j) A West Virginia EMS pediatric advisory committee consisting of a pediatric advisor to each of the seven EMS regional critical care committees in the state. The pediatric consultant will be chosen by the respective region.
§16-4D-5. Emergency medical service and injury prevention
systems for children's advisory council.

(a) There is created an emergency medical service and injury prevention systems for children's advisory council to advise the office of emergency medical service systems and the coordinator of the EMIPSC program on all matters concerning emergency medical service systems for children. The advisory council shall assist in the formulation of policy and rules to effectuate the purposes of this article. This council shall provide a voting physician representative to the West Virginia state EMS advisory council which will necessarily approve guidelines for incorporation into the state EMS system.
(b) The advisory council shall consist of a minimum of fifteen public members to be appointed by the governor, based on recommendation of the state medical director of EMS and other groups listed below, for a term of three years. Membership of the advisory council shall include: One practicing pediatrician; one pediatric critical care physician; one pediatric emergency medical physician and one pediatric psychiatrist or licensed psychologist to be appointed upon the recommendation of the West Virginia chapter of the American academy of pediatrics; one pediatric surgeon to be appointed upon the recommendation of the West Virginia chapter of the American college of surgeons; one emergency physician, to be appointed upon the recommendation of the West Virginia chapter of the American college of emergency physicians; one emergency medical technician and one paramedic, to be appointed upon the recommendation of the mountain state EMS association; one paramedic to be appointed upon the recommendation of the West Virginia ambulance association; one family practice physician, to be appointed upon the recommendation of the West Virginia chapter of the American family practice association; one registered emergency nurse to be appointed upon recommendation of the West Virginia state emergency nurses association and three members, each with a non- medical background, two of whom are parents with one or more children under the age of eighteen who are not state employees, to be appointed upon the recommendation of the governor's council on children, family and youth. Other members of the council shall include the seven physicians who are also appointed to serve as pediatric consultants to the seven West Virginia EMS regional critical care committees. This group shall meet at least once yearly.
(c) Vacancies on the advisory council shall be filled for the unexpired term by appointment of the governor in the same manner as originally filled. The members of the advisory council shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties as funds are available. The advisory council shall elect a chairperson, who may select from among the members a vice- chairperson and other officers or subcommittees that are deemed necessary or appropriate. The council may further organize itself in any manner it deems appropriate and enact bylaws as deemed necessary to carry out the responsibilities of the council.
§16-4D-6. Additional administrative procedures.
The commissioner shall, pursuant to the administrative procedures act, adopt rules necessary to implement the purposes of this article.


NOTE: This bill creates the Children's Emergency Medical and Injury Prevention Systems Act. It establishes a coordinator and advisory group within the state emergency medical service system to address the needs of children in emergency situations.

This article is new; therefore, strike-throughs and underscoring have been omitted.