ENGROSSED
Senate Bill No. 281
(By Senators Bowman, Bailey, Chafin, Jenkins, Kessler, McCabe,
Minard, Boley, Harrison, Minear and Weeks)
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[Originating in the Committee on Government Organization;
reported February 24, 2005.]
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A BILL to amend and reenact §16-4C-5 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new section, designated §16-4C-5a, all relating to
continuation of the Emergency Medical Services Advisory
Council.
Be it enacted by the Legislature of West Virginia:
That §16-4C-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto a new section, designated §16-4C-5a, all to read as
follows:
ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
§16-4C-5. Emergency Medical Services Advisory Council; duties;
composition; appointment; meetings; compensation and
expenses.
(a) The Emergency Medical Services Advisory Council, heretofore created and established by former section seven of this
article,
shall be is continued for the purpose of developing, with
the Commissioner, standards for emergency medical service personnel
and for the purpose of providing advice to the Office of Emergency
Medical Services and the Commissioner 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.
(b) The Council shall have the duty to advise the Commissioner
in all matters pertaining to his or her duties and functions in
relation to carrying out the purposes of this article.
(c) The Council shall be composed of fifteen 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
its Association and a list of three names shall be submitted to the
Governor of representatives of their respective organizations by
the County Commissioners' Association of West Virginia, the West
Virginia State Firemen's Association, the West Virginia Hospital
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-basic; and one person from the County Commissioners'
Association of West Virginia, the West Virginia State Firemen's
Association, the West Virginia Hospital 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. In addition, the Governor shall 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 three
persons to represent the general public. Not more than six of the
members may be appointed from any one congressional district.
(d) The current advisory council members' terms shall end on
the thirtieth day of June, one thousand nine hundred ninety-six
and, pursuant to the provisions of this section, the governor shall
appoint an advisory council on the first day of July, one thousand
nine hundred ninety-six. Of those first appointed, one-third shall
serve for one year, one-third shall serve for two years and
one-third shall serve for three years. Each
subsequent term is to
be for three years and no member may serve more than four consecutive terms.
(e) The Council shall choose its own chairman and meet at the
call of the Commissioner at least twice a year.
(f) The members of the Council shall receive compensation and
expense reimbursement in an amount not to exceed the same
compensation and expense reimbursement as is paid to members of the
Legislature for their interim duties as recommended by the Citizens
Legislative Compensation Commission and authorized by law for each
day or substantial portion thereof engaged in the performance of
official duties.
Pursuant to 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, two thousand five.
§16-4C-5a. Continuation of the Emergency Medical Services Advisory
Council.
The Emergency Medical Services Advisory Council shall continue
to exist until the first day of July, two thousand eight, unless
sooner terminated, continued or reestablished pursuant to the
provisions of article ten, chapter four of this code.