HB 868 Modifies provisions relating to tax increment financing, emergency service providers, and board members of fire protection and ambulance districts

Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 868 - This act modifies provisions relating to tax increment financing, regional EMS committees, training requirements for emergency service providers, transfers of certain patients, disciplinary actions against emergency services providers, and board members of fire protection and ambulance districts.

TAX INCREMENT FINANCING REFUNDS - 99.848

Current law provides that any district providing emergency services is entitled to reimbursement from the special allocation fund in an amount of 50 to 100 percent of the district's tax increment. This act specifies that an ambulance or fire protection district board, or an emergency telephone service 911 board, must set the reimbursement rate before the assessment is paid into the special allocation fund. The board reserves the right to recalculate the refund rate if the redevelopment project is amended.

This provision is identical to a provision of HCS/SB 364 (2015).

REGIONAL EMS COMMITTEE - 190.102 & 190.103

Current law provides a list of topics that regional EMS advisory committees are to advise and provide recommendations to the region and Department of Health and Senior Services on.

This act adds community and regional time critical diagnosis plans to the list. In addition, this act provides that the regional EMS medical director must serve as a member of the regional EMS committee.

This act also provides that the regional EMS medical director must serve a four-year term. The southwest, northwest, and Kansas City regional EMS medical directors must be elected to an initial two-year term. The central, east central, and southeast regional EMS medical director must be elected to an initial four-year term.

This provision is identical to a provision of HCS/SB 364 (2015).

TRAINING REQUIREMENTS - 190.131 & 190.142

This act requires training curricula for emergency service providers to include curriculum on the risks associated with autism and other intellectual and developmental disabilities and provide instruction on the appropriate recognition and response techniques concerning such disabilities.

In addition, this act requires applicants for licensure as an emergency medical technician to satisfactorily complete training on the risks associated with autism and other intellectual and developmental disabilities. Every licensed emergency medical technician must satisfactorily complete the training by August 28, 2018.

TRANSFERS OF CERTAIN PATIENTS - 190.144 & 190.240

This act provides that no licensed emergency medical technician, if acting in good faith and without gross negligence, is liable for transporting persons ordered detained as a result of drug or alcohol abuse or a mental disorder or for physically or chemically restraining an at-risk behavioral health patient if the restraint is to ensure the safety of the patient or technician.

This act requires hospitals and nursing homes to have policies and procedures that require the hospital or facility to give advance notification to emergency medical services personnel prior to the transportation of any at-risk behavioral health patient.

Any physician treating an at-risk behavioral patient in an emergency situation who, after assessing the patient, determines that there is a reasonable cause to believe there is a likelihood that the patient may cause an imminent serious harm to himself, herself, or others unless the patient is immediately transported to another appropriate facility may place the patient on a temporary involuntary hold for a period of time necessary to effectuate the patient's transport. During the transport, the emergency medical services personnel may rely on the physician’s hold order as a basis for implied consent to treat and transport the patient and shall not be liable for any claims of negligence, false imprisonment, or invasion of privacy based on such temporary hold, treatment, or transport of the patient.

These provisions are identical to provisions of HCS/SB 364 (2015) and HB 1148 (2015).

CAUSE FOR DISCIPLINE FOR LICENSED EMS PROVIDERS - 190.165

Currently, the Department of Health and Senior Services may cause a complaint to be filed with the Administrative Hearing Commission against a holder of certain emergency-service-related certificates, licenses, or permits if the person violates certain specified regulations. This act modifies the list of regulations.

In addition, this act requires the department to explain to a licensee who is the subject of an investigation that the licensee has the right to legal counsel, have anyone present he or she desires, and refuse to answer any question or provide any written statement. This act specifies that the assertion of any of the above rights is not to be deemed as a failure to cooperate.

Under this act, the department may impose a suspension or revocation as a disciplinary action only if it first files a complaint with the Administrative Hearing Commission. The commission is not permitted to grant summary judgement if the licensee files an answer contesting the department's complaint.

Under this act, all complaints, investigatory reports, and information pertaining to any applicant, holder of any certificate, permit, or license, or other individual are confidential and must only be disclosed upon written consent of the person whose records are involved or to other administrative or law enforcement agencies acting with the scope of their statutory authority. No applicant, holder of any certificate, permit, or license, or other individual shall have access to any complaints, investigatory reports, or information concerning an investigation in progress.

This act provides that certain information regarding licensees and final disciplinary actions is not confidential.

This provision is identical to a provision of HCS/SB 364 (2015).

FIRE PROTECTION AND AMBULANCE DISTRICT BOARD MEMBERS - 321.017

This act provides that any person who has served as a member of a fire protection or ambulance district board of directors is not eligible for employment by the board within 12 months of ending his or her term.

This provision is similar to HCS/HB 530 (2015), HCS/SCS/SB 245 (2015), and HCS/HB 1154 (2015).

MEGHAN LUECKE


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