SB 91

Under existing law, EMS personnel are licensed by the State Board of Health

This bill would authorize the board to establish licensure fees by rule

This bill would revise course requirements for ground ambulance drivers seeking licensure

This bill would authorize a process that provides for conducting criminal background checks of applicants at the time of initial licensure of EMS personnel

This bill would also provide penalties for unauthorized disclosure of records generated from a criminal background check

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to EMS personnel; to amend Sections 22-18-4 and 22-18-6, Code of Alabama 1975; to authorize the State Board of Health to establish by rule, licensure fees for EMS personnel; to revise course requirements for ground ambulance drivers; to authorize a process that provides for conducting criminal background checks on EMS personnel seeking licensure; to provide penalties for unauthorized disclosure of records generated from a criminal background check; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Section 1

Sections 22-18-4 and 22-18-6, Code of Alabama 1975, are amended to read as follows:

§22-18-4.

(a) In addition to all other licenses or fees now payable, the Board of Health shall, as prerequisite for issuing a license under the provisions of this article and rules and regulations promulgated pursuant thereto, charge a fee of $10 for each license valid for a period of 24 months issued to the EMSP and a fee of $25 for each license issued to any provider service operating an air or ground ambulance establish, by rule, a fee for EMSP and air or ground provider service licenses. Each license issued to an EMSP shall be valid for a period of 24 calendar months. Each license issued to a provider service shall be valid for a period not to exceed 12 calendar months. The same fee shall be charged for renewal of a license as is fixed in this subsection for the original license. No additional fee shall be collected when an EMSP becomes eligible for reclassification of his or her license to a higher level.

(b) All fees collected under this chapter shall be retained in a separate fund by the Board of Health for the purpose of enforcing this chapter and shall be disbursed as other funds of the state are disbursed; provided, that no fee or permit charge authorized under this chapter shall be charged or collected for the issuing of a permit to a volunteer rescue squad, as defined in Section 32-11-1, for providing ambulance service on a gratuitous basis, or any member who volunteers his or her service, unless licensure is requested by the squad, company or individual, whereupon, a fee will be charged.

(c) Any person desiring EMSP licensure shall complete an approved EMSP course as defined by rules of the Board of Health, successfully pass the appropriate level licensure examination as determined by the Board of Health, and submit an application to the board. An approved EMSP course for any level shall be a course conforming to the curriculum for that level approved by the United States Department of Transportation, or approved by any other federal agency as may, in the future, take jurisdiction over EMSP training curriculum development. A curriculum may be required to be supplemented with additional modules if the modules are optional modules approved by the United States Department of Transportation, or its successor as specified above, and the optional modules are prescribed by rule by the board pursuant to the Alabama Administrative Procedure Act.

(d) No air or ground ambulance shall be operated for ambulance purposes and no individual shall fly, drive, operate, attend, or permit same to be operated for the purpose of transporting a patient from any point within the State of Alabama to any other point within the State of Alabama unless such ambulance is duly licensed by the Board of Health. The Board of Health may prescribe exceptions to this requirement consistent with the interests of public health. Any ground ambulance shall at all times be driven by a person holding a valid driver's license and who has passed the Emergency Vehicle Operator Course approved by the Board of Health, or the Apparatus Operator's Course taught by the Alabama Fire College, or the Emergency Vehicle Driver Course taught by the Alabama Fire College.

§22-18-6.

(a) It shall be a Class A misdemeanor for any person, firm, company, corporation, organization, facility, or agency to do any of the following:

(1) Deliberately hinder, obstruct, or interfere with an officer, inspector, or duly authorized agent of the board while in the performance of official duties.

(2) Deliberately hinder, obstruct, or interfere with any physician, licensed nurse, licensed EMSP, or emergency personnel exempt from licensure under the provisions of this article while that person individual is providing emergency care to a third person or while that person individual is assisting at the scene of an emergency, directing traffic at the scene of an emergency, or managing or helping to manage the scene of an emergency.

(3) Violate subsection (c) or (d) of this section.

(4) Offer, provide, or perform, without a license or certificate to do so, an emergency medical service or other function which, under the provisions of this article or the rules adopted pursuant thereto, may not be performed without a license or certificate issued by the Board of Health; provided, however, this subdivision does not apply to emergency medical service personnel EMSP who have the privilege to practice in the state pursuant to the Emergency Medical Services Personnel Licensure Interstate Compact. No person individual shall be subject to criminal liability pursuant to this section in the event he or she renders first aid or emergency care at the scene of an injury caused by a motor vehicle crash or by some other incident, or at the scene of a mass casualty or disaster if:

a. The first aid or emergency care is rendered gratuitously and in good faith; and

b. The first aid or emergency care is not rendered in the course of a business, program, or system which regularly engages in the provision of emergency medical care.

(b) Nothing in this section shall be construed to repeal, abridge, or modify Section 6-5-332 or any other good Samaritan statute.

(c) No person individual shall regularly engage in providing emergency medical care at the scene of emergencies unless he or she is licensed as an EMSP as defined in this article, or unless he or she is exempted from licensure pursuant to the provisions of this article. Notwithstanding the foregoing, nothing in this article shall be construed to prohibit any physician or nurse licensed in Alabama from performing any act within his or her scope of practice. No person individual shall hold himself or herself out to be an EMSP, unless he or she is licensed as such as defined in this chapter. An EMSP licensed in other jurisdictions may identify themselves as holding such licensure.

(d) The board, shall by rule, shall establish the scope of privilege for each level of EMSP licensure. No person individual shall exceed the scope of privilege granted to his or her level of licensure.

(e) Control of an emergency scene may be taken by an EMSP if the personnel arrive at the scene of an emergency prior to the arrival of law enforcement personnel, and if managing the emergency scene will not interfere with other emergency medical care duties. Emergency scene control shall include the authority to direct traffic. A driver of a motor vehicle entering an emergency scene or entering a roadway adjacent to an emergency scene shall use caution, shall maintain proper control of the motor vehicle, and shall obey the directions of law enforcement personnel and emergency personnel at the scene. Any person violating this subsection shall be guilty of a violation.

(f) The board may, following the contested case provisions of the Administrative Procedure Act, may suspend or revoke the license or certificate of an EMSP at any level, or a provider service, or it may refuse to grant a license or certificate to any person individual or entity at any time that any of the following is determined with respect to the holder or applicant:

(1) Does not meet or no longer meets the prescribed qualifications.

(2) Is guilty of misconduct as defined by the board's rules or otherwise commits a violation of this act or any rules promulgated adopted thereunder.

(3) Has failed to maintain the required level of continuing education units or any equivalent therefor defined in the board's rules.

(4) Has provided care to a patient or patients under his or her care which that falls short of the standard of care which ordinarily would be expected to be provided by similarly situated EMSP in Alabama, and has thereby jeopardized the life, health, or safety of a patient or patients.

(5) Has sexually or physically abused a patient under his or her care.

(6) Has submitted a license or test application, a report of continuing education requirements, a run report, a patient care record, EMSP student record, clinical rotation record, intent to train form, self-study document, fluid and drug application, physician medication order form, or any other document which that is material to the duties and qualifications of the EMSP or those of a student in an EMSP training program and which is fraudulent or knowingly false in any respect.

(7) Has committed fraud in the performance of his or her duties or in connection with any matter related to emergency medical services EMS.

(8) Has been convicted of a crime involving moral turpitude, or a crime in which the victim is an EMSP provider service or an EMS patient, unless the board determines that the fact of the conviction would not likely interfere with the performance of EMS duties.

(9) Has performed any act requiring licensure or certification under state EMS statutes, without possession of the requisite licensure or certification.

(10) Has performed any act which that exceeds the scope of license or privilege granted to the holder.

(11) Poses a danger to public health or safety."

Section 2

Section 22-18-9 is added to the Code of Alabama 1975, to read as follows: §22-18-9. (a) When reviewing an applicant for initial licensure under this article, the Board of Health may require a fingerprint-based state and national criminal background check through the Alabama State Law Enforcement Agency for purposes of determining the applicant's suitability for licensure. (b) The applicant shall pay all costs associated with a required criminal background check at the same time the applicant pays the initial licensure fee. (c) Upon receipt of an authorized request and payment from the board, the Alabama State Law Enforcement Agency shall promptly cause the criminal background check to be conducted and return the results directly to the board. (d) Results of the criminal background check received by the board shall be privileged and shall not be a public record nor disclosed to any individual within the Board of Health beyond those authorized, as determined by the board. The Board of Health shall comply with rules of the Alabama Justice Information Commission and the Federal Bureau of Investigation regarding the use of criminal records. Any person who releases or discloses these records in violation of these rules, upon conviction, shall be guilty of a misdemeanor and, for each offense, may be fined not less than five hundred dollars ($500) nor more than ten thousand dollars ($10,000), or imprisoned for not less than 30 days nor more than one year, or both. (e) The board, any law enforcement agency, or any employee thereof shall not be responsible for the accuracy of information provided pursuant to this section nor shall they be liable for defamation, invasion of privacy, negligence, or any other claim relating to or arising from the dissemination of information pursuant to this section. (f) In conjunction with requiring criminal history background checks, the board shall establish a policy to determine which convictions would prevent an applicant from being licensed by the board. (g) The board shall adopt rules to implement this section.

Section 3

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 4

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.