SCS/SB 895 - This act modifies provisions relating to first responders, 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 emergency services, fire protection, and ambulance districts.
FIRST RESPONDERS - 67.145
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.
This provision is identical to provisions in CCS/HCS/SS/SB 732 (2016) and CCS/HCS/SCS/SB 765 (2016).
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 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.
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.
These provisions are identical to provisions in CCS/HCS/SS/SB 732 (2016) and HCS/HB 2135 (2016) and substantially similar to other provisions in HCS/HB 2135 (2016).
TRAINING REQUIREMENTS - 190.131
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.
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 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 in CCS/HCS/SS/SB 732 (2016) and HCS/HB 2135 (2016) and substantially similar to other provisions in CCS/HCS/SS/SB 732 (2016) and HCS/HB 2135 (2016).
EMT-P TRANSFER OF BEHAVIORAL HEALTH PATIENTS - 190.147
This act provides that Emergency Medical Technician Paramedics (EMT-Ps) 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-Ps 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.
CAUSE FOR DISCIPLINE FOR LICENSED EMS PROVIDERS - 190.165 & 190.173
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.
These provisions are identical to provisions in CCS/HCS/SS/SB 732 (2016) and substantially similar to provisions in HCS/HB 2135 (2016).
POWERS OF EMERGENCY SERVICES BOARDS - 190.339
This act specifies that emergency services boards formed after the passage of a county sales tax for the central dispatch of emergency services possess all the powers provided to the emergency services boards formed after the passage of a tax on telephone lines for the central dispatch of emergency services.
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 substantially similar to a provision in CCS/HCS/SS/SB 732 (2016) and HCS/HB 2135 (2016).
This act is similar to SCS/HCS/HB 868 (2015).