HB 1964 Changes the laws regarding public safety officers who are eligible for a survivor's and disabled employee's educational grant and the disbursement of any unpaid workers compensation into his or her estate

     Handler: Parson

Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 1964 - This act modifies several provisions relating to public safety.

SURVIVOR BENEFITS FOR PUBLIC SAFETY OFFICERS

This act adds several professions, including air ambulance pilots, air ambulance registered professional nurses, air ambulance registered respiratory therapists, uniformed employees of the Office of the State Fire Marshal, and their children and spouses, and specified emergency medical technicians and their children and spouses to the list of those eligible to receive a public safety officer or employee survivor tuition grant from the Coordinating Board for Higher Education to attend an institution of higher education. (Section 173.260)

This act also adds a uniformed employee of the Office of the State Fire Marshal and his or her child and spouse, and specified

emergency medical technicians and their children and spouses to the list of those eligible to receive unpaid workers' compensation claims when the employee is killed in the line of duty.

This act also provides that the spouse, child, or personal representative of the estate of a public safety officer killed in the line of duty may file a claim with the Division of Workers' Compensation, as described in the act. (Section 287.243)

This provision is substantially similar to HB 1527 (2016).

HOMELAND SECURITY LIEUTENANT COLONEL

This act allows the chief of police for the Kansas City Police Department to appoint a lieutenant colonel who will be responsible for matters relating to homeland security. (Section 84.514)

This provision is identical to SB 1066 (2016) and HB 2463 (2016) and to a provision contained in HCS/SB 676 (2016).

UNARMED SECURITY GUARDS

This act provides that holders of an occupational license to perform the duties of an unarmed security guard on an excursion gambling board are exempt from the police commissioner of Kansas City's regulatory and licensing authority over private security personnel, and from the licencing requirements for unarmed security guards of any other political subdivision. (Section 84.720)

This provision is identical to HB 2362 (2016) and to provisions contained in SCS/HCS/HB 1584 (2016) and CCS/HCS/SS/SB 732 (2016).

EMERGENCY SERVICE PROVIDERS

This act provides that an eligible MO HealthNet provider may receive a supplemental reimbursement in addition to the MO HealthNet reimbursement such provider would otherwise receive for ground emergency medical transportation services, provided that such reimbursement shall not exceed 100% of actual costs. The act specifies how such supplemental payment shall be calculated and how an eligible provider's claimed expenditures for the ground emergency medical transportation services shall be eligible for federal financial participation. (Section 208.1030)

This act also requires the Department of Social Services to design and implement an intergovernmental transfer program relating to ground emergency medical transport services in order to increase capitation payments for the purpose of increasing reimbursement to eligible providers, managed care plans, and coordinated care organizations, as detailed in the act. Any eligible provider participating in this program shall agree to reimburse the Department for any costs associated with implementing the program. (Section 208.1032)

These provisions are subject to federal approval, as necessary.

These provisions are identical to HB 2496 (2016) and SB 1072 (2016) and to provisions contained in CCS/HCS/SB 607 (2016), CCS/HCS/SS/SB 732 (2016).

This act defines "first responder" as any person trained and authorized by law or rule to render emergency medical assistance or treatment. First responders may include emergency first responders, police officers, sheriffs, deputy sheriffs, firefighters, ambulance attendants and attendant drivers, emergency medical technicians, mobile emergency medical technicians, emergency medical technician-paramedics, registered nurses, or physicians. (Section 67.145)

This provision is identical to a provision contained in CCS/HCS/SS/SB 732 (2016) and CCS/HCS/SCS/SB 765 (2016), and is similar to a provision contained in HCS/HB 1154 (2015) and HCS/SCS/SB 245 (2016).

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 provides that 911 centers are also entitled to reimbursement from the fund. In addition, this act specifies that a governing body operating a 911 center providing emergency or dispatch services, 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 and the base year if the redevelopment project, plan, or project is amended. (Section 99.848)

This provision is substantially similar to a provision contained in SB 895 (2016), HCS/HB 868 (2015), and HCS/SB 364 (2015).

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. (Section 190.102)

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. (Section 190.103)

These provisions are identical to provisions in CCS/HCS/SS/SB 732 (2016) and HCS/HB 2135 (2016), and substantially similar to provisions in SCS/SB 895 (2016) and HCS/HB 868 (2015).

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. (Section 190.131)

This provision is identical to a provision contained in SB 895 (2016).

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. (Section 190.144)

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 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. (Section 190.240)

These provisions are identical to provisions in HCS/HB 2135 (2016), substantially similar to provisions in CCS/HCS/SS/SB 732 (2016) and SCS/SB 895 (2016) and similar to HB 1148 (2015) and to provisions contained in HCS/HB 868 (2015).

This act provides that Emergency Medical Technician Paramedics (EMT-P's) who have completed certain training, received authorization, and whose ambulance service has adopted certain protocols may make a good faith determination that certain behavioral health patients must be placed in a temporary hold for transport to the nearest appropriate facility.

This act also specifies that the EMT-P's who have made such determinations shall no longer rely on the common law doctrine of implied consent and are not to be held civilly liable nor be considered to have waived certain specified defenses if employed by a governmental employer.

Under this act, ambulance services adopting the authority and protocols under this act must have a memorandum of understanding with local law enforcement agencies to achieve a collaborative and coordinated response to patients displaying a likelihood of serious harm to themselves or others or significant incapacitation by alcohol or drugs. (Section 190.147)

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 with certain exceptions, 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 only suspend or revoke a license, certificate, or permit as a disciplinary action if it first files a complaint with the Administrative Hearing Commission.

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. (Section 190.165)

These provisions are identical to provisions in CCS/HCS/SS/SB 732 (2016) and HCS/HB 2135 (2016), and substantially similar to provisions contained in SCS/SB 895 (2016) and HCS/HB 868 (2015).

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. (Section 321.017)

This provision is substantially similar to SB 895 (2016) and to a provision contained in HB 1751 (2016), and CCS/HCS/SS/SB 732 (2016), HCS/HB 530 (2015), HCS/HB 1154 (2015), and HCS/SCS/SB 245 (2015).

HOSPITALS

This act provides for an alternative stroke center designation for a hospital. The Department of Health and Senior Services shall designate a hospital, upon receipt of an application, as follows: (1) a level I stroke center if the hospital has been certified as a comprehensive stroke center by the Joint Commission or another certifying organization; (2) a level II stroke center if the hospital has been certified as primary stroke center by the Joint Commission or other certifying organization; or (3) a level III stroke center if the hospital has been certified as a acute stroke-ready hospital by the Joint Commission or other certifying organization. The Department shall not require compliance with any additional standards for establishing or renewing stroke designations and the designation shall continue as long as the hospital remains certified. The Department may remove a hospital's designation if the hospital so requests or if the Department determines the certification has been suspended or revoked.

Any hospital receiving this alternative designation shall submit annual proof of certification and other contact information, as well as the certification survey results and other specified documents. (Section 190.241)

Hospitals designated as STEMI or stroke centers shall submit data to the Department for use in the evaluation and improvement of hospital and emergency medical services' trauma, stroke, and STEMI care. The hospitals shall submit data to the Department as described in the act.

The Department shall also use patient abstract data collected from hospital infection reporting, the trauma registry, motor vehicle crash and outcome data, and other publicly available data to provide information and create reports for the purpose of data analysis and needs assessment of traumatic brain and spinal cord-injured persons. (Section 192.667)

These provisions are identical to a provision in CCS/SB 988 (2016), HB 2518 (2016), and substantially similar to provisions in CCS/HCS/SS/SB 732 (2016) and SB 1060 (2016).

FIRST INFORMER BROADCASTERS ACT

This act requires the Department of Public Safety, in cooperation with any statewide organization representing broadcasters, to establish a program for training and certifying broadcast engineers and technical personnel as first informer broadcasters.

The program must provide training and education concerning the restoration, repair, and resupply of broadcaster facilities and equipment in emergency or disaster areas and the personal safety of first informer broadcasters.

Under this act, state and local governmental agencies must allow first informer broadcasters access to emergency or disaster areas to restore, repair, or resupply critical broadcaster facilities and equipment.

The statewide association involved in establishing the training program must pay the costs of developing and implementing the program. (Section 190.260)

This provision is identical to a provision in SCS/HB 1606 (2016) and CCS/HCS/SS/SB 732 (2016) and is similar to HCS/HB 296 (2015).

CORPORATE SECURITY ADVISORS

Under current law, the Director of the Department of Public Safety is mandated to commission corporate security advisors as he or she deems appropriate. This act makes such duty of the Director discretionary. This act repeals provisions requiring an oath of office by such commissioned individuals. This act limits the authority and jurisdiction of corporate security advisors to the property owned or leased by the corporation and only when the advisor is on duty. The license fee is changed from $200 to $210. (Section 590.750)

This provision is similar to SB 791 (2016) and to a provision contained in CCS/SCS/HCS/HB 1584 (2016).

JOSHUA NORBERG


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