HB2759 HH&HR AM 3-6
Delegate Perry, Staggers and Perdue move to amend the bill on
page 1, line 17, by striking everything after the enacting section
and inserting in lieu thereof the following:
"ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
§16-4C-8. Standards for emergency medical service personnel.
Every An 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 as
an Emergency Medical Vehicle Operator 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. The
requirements of this subsection will remain in effect until revised
by the legislative rule to be promulgated pursuant to subsection
(b) of this section.
(b) On or before May 28, 2010, the commissioner shall submit a
proposed legislative rule to the Emergency Medical Services
Advisory Council for review, and on or before June 30, 2010, shall
file the proposed legislative rule with the office of the Secretary
of State, in accordance with the provisions of chapter twenty-nine-a, article three of this code, to establish
certification standards for emergency medical vehicle operators and
to revise the requirements for emergency medical service personnel.
(c) (b) As of the effective date of the legislative rule to be
promulgated pursuant to subsection (b) of this section, Emergency
medical service personnel who operate ambulances shall meet the
requirements set forth in the legislative rule.
(d) (c) Any A 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.
(e) (d) The applicant shall submit to a national criminal
background check; the requirement of which is declared to be not
against public policy.
(1) The applicant shall meet all requirements necessary to
accomplish the national criminal background check, including
submitting fingerprints, and authorizing the West Virginia Office
of Emergency Medical Services, the West Virginia State Police and
the Federal Bureau of Investigation to use all records submitted
and produced for the purpose of screening the applicant for
(2) The results of the national criminal background check may not be released to or by a private entity.
The applicant shall submit a fee of $75 for initial
certification and a fee of $50 for recertification: The
commissioner shall promulgate the certification and recertification
fees by legislative rule: Provided, That no fees may be charged for
the certification or recertification of an Emergency Medical
Technician - Miner. The fees set forth in this subsection remain in
effect until modified by legislative rule.
(f) (e) An application for an original, renewal or temporary
emergency medical service personnel certificate or emergency
medical services agency license, shall be acted upon by the
commissioner and the certificate or license delivered or mailed, or
a copy of any order of the commissioner denying any such an
application delivered or mailed to the applicant, within fifteen
days after the date upon which the complete application including
test scores and background checks, if applicable, was received by
(f) An applicant for renewal of an emergency medical service
personnel certificate possessing a current National Registry
certification at the appropriate level or that has continuously
maintained a West Virginia certification for five consecutive years
are not required to complete a state cognitive and skills
examination provided they meet all other requirements for renewal,
as provided by legislative rule. An emergency medical service personnel whose West Virginia certification has lapsed for greater
than six months may be required by the commissioner to complete a
state cognitive and skills examination prior to renewal of their
Any A person may report to the commissioner or the
Director of the Office of Emergency Medical Services information he
or she may have that appears to show that a person certified by the
commissioner may have violated the provisions of this article or
legislative rules promulgated pursuant to this article. A person
who is certified by the commissioner, who knows of or observes
another person certified by the commissioner violating the
provisions of this article or legislative rules promulgated
pursuant to this article, has a duty to report the violation to the
commissioner or director. Any person who reports or provides
information in good faith is immune from civil liability.
(h) 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.