Senate Bill No. 262

(By Senator Hunter)

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[Introduced March 1, 2001; referred to the Committee on Health and Human Resources.]

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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 allowing credit for emergency services continuing education courses taken in other states as long as the other state allows its emergency service personnel credit for courses taken in this state.

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. 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 multipatient 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. (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 division of health
to all nonprofit emergency medical service personnel. Continuing education credits received in other states by medical service personnel licensed in this state shall be fully credited as if received from an in-state approved program, to the extent the state where the credits were received allows credit for continuing education courses taken by its licensed emergency service personnel in this state.
(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 allow EMS personnel to receive credit for continuing education courses taken in other states as long as the other state allows its EMS personnel continuing education credit for courses taken in this state.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.