SB 1107 Revises laws relating to ambulance districts, fire protection districts and ambulance services
LR Number:3922S.12T Fiscal Note:3922-12
Committee:Local Government and Economic Development
Last Action:07/11/02 - Signed by Governor Journal page:
Effective Date:August 28, 2002
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Current Bill Summary

CCS/HS/HCS/SS/SCS/SB 1107 - This act revises various provisions relating to emergency services.

Firefighters with between five and twenty years of employment may apply for a service retirement allowance at age sixty-two. Surviving spouses may receive fifty percent of the allowance upon the date the deceased would have reached age sixty-two (Section 87.207). Current language regarding the calculation of rates at which allowances will increase is removed (Section 87.207). In lieu of benefits, surviving spouses may work as consultants to the Board for compensation (Section 87.231). As of May 1, 2002, a retirement allowance of seventy percent of the deceased's next highest salary will be paid to a widow (Section 87.235). Any retired firefighter who is receiving an allowance of less than $625 may act as a special advisor and receive an additional amount (Section 87.238).

Districts providing emergency services will receive reimbursement of between fifty and one hundred percent of the district's tax increment (Section 99.847).

The requirements to be a candidate for Ambulance District Director are revised (Section 190.050). Procedures for changes in the number of directors in a district and the recall of directors are created (Sections 190.051 to 190.054). Any person or entity that owns an automated external defibrillator used outside of a health care facility must have a physician review all protocols (Section 190.092). Current law requiring the presence of a mobile emergency medical technician when transporting a patient is deleted (Section 190.094). A definition is added for "emergency medical technician- intermediate", "proof of financial responsibility", "and "specialty care transportation" (Section 190.100).

Membership on the State Advisory Council on Emergency Medical Services is increased to sixteen, with one member from St. Louis city (190.101). With certain exceptions, each ground ambulance must be staffed by two licensed emergency medical technicians. Owners of a ground or air ambulance service must notify the Department of Health and Senior Services within 30 days of the sale of the service and the Department shall conduct an inspection of the service to ensure compliance with licensure standards (Sections 190.105 and 190.108). Application requirements for an ambulance license are revised (Sections 190.109 and 190.120). Ambulance service providers must show proof of insurance or of financial responsibility with adequate reserves (Section 190.120). The Department must accredit or certify training for emergency medical technicians-intermediate (Section 190.131). Emergency medical response agencies in certain counties may be licensed to provide advanced life support services with services of EMT-Is (Section 190.133).

This act removes the provision regarding patients transported in vehicles other than ambulances (Section 190.142). Provided the person meets other current requirements for a temporary license, a person not currently licensed as an emergency medical technician in Missouri may be issued a 90-day temporary license (Section 190.143). Licensees with lapsed licenses may request a return to active status within two years of the lapse (Section 190.145). Additional compliance for licensure renewal and additional causes for discipline of an ambulance license are created. Any individual whose license has been revoked twice in ten years shall not be eligible for a new license (Sections 190.160, 190.165, and 190.171).

Any settlement agreement in a contested case against a licensee must be submitted to the administrative hearing commission for its approval. Any person directly harmed by the actions of a licensee may submit an impact statement to the Commission (Section 190.172).

A patient care document must be given to ambulance personnel by a health care facility for any transfer of the patient to a different facility (Section 190.175). Additional requirements for the promulgation of departmental rules are created (Section 190.185). Requirements regarding the reporting of certain felonies by licensees to the Department are created (Section 190.196).

Provisions regarding the use of epinephrine auto-injectors are created (Section 190.246). Any investigation into the violation of emergency services regulations must be completed within six months with full departmental access to records (Section 190.248).

The act creates procedures for the issuance and discipline of a new license category for stretcher van services to transport persons in a supine position who do not require medical monitoring or treatment other than self-administered oxygen (Sections 190.525 to 190.537). Any person who violates the provisions of Sections 190.525 to 190.527 shall be guilty of a Class B misdemeanor (Section 190.534).

Should an emergency health care worker be exposed to a potentially infectious disease, the person to whom the worker was exposed is deemed to consent to testing for such disease. Notification procedures are outlined. The employer must pay testing costs (Sections 191.630 and 191.631).

This act revises the qualifications of candidates for fire protection district directors in third and fourth class counties. A candidate must reside in the district for two years before the election or appointment. Currently, the candidate must reside in the county in which the district is located for two years. A candidate for director in a newly formed district must reside in the district for one year before the election or appointment (Sections 321.130 and 321.180).

This act allows the governing body of an ambulance or a fire protection district, except for those in counties of the first class with over 200,000 inhabitants, to impose an up to one-half of one percent sales tax on all retail sales within the district following voters' approval.

The Department of Revenue will collect and distribute the revenue from the district sales tax monthly at the cost of one percent the total revenue collected. After collecting and distributing the sales tax, the board of the ambulance or fire protection district will determine its budget for the year and determine the amount of property tax necessary to fund the district. The district may then reduce the tax rate by an amount which reduces the property tax revenue by an amount equal to fifty percent of the previous fiscal year's sales tax receipts.

When the governing body of the ambulance or fire protection district receives a petition signed by at least twenty percent of the qualified voters that voted in the last gubernatorial election, calling for an election to repeal the sales tax, the governing body will submit the question to the voters (Sections 321.552 through 321.556)

This act adds provisions regarding ambulance services and hospital liens (Section 1).

Section 190.044, RSMo, has been repealed. This section relieved a taxpayer of the obligation to pay property taxes for ground ambulance service to both an ambulance district and a fire protection district unless certain conditions were met.

This act contains an emergency clause.

This act is similar to SBs 1138 and 993 (2002).