Missouri Senate

House Committee Amendment

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.

This act is similar to HCS/HB 296 (2015).

SCOTT SVAGERA

HCA 1 - THIS AMENDMENT MODIFIES MULTIPLE PROVISIONS RELATING TO EMERGENCY SERVICES. ALL SUCH PROVISIONS ARE IDENTICAL TO PROVISIONS CONTAINED IN 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 AMENDMENT ADDS COMMUNITY AND REGIONAL TIME CRITICAL DIAGNOSIS PLANS TO THE LIST. IN ADDITION, THE AMENDMENT PROVIDES THAT THE REGIONAL EMS MEDICAL DIRECTOR MUST SERVE AS A MEMBER OF THE REGIONAL EMS COMMITTEE.

THIS AMENDMENT 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 HCS/HB 868 (2015).

TRANSFERS OF CERTAIN PATIENTS (190.144 & 190.240)

THIS AMENDMENT 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 AMENDMENT 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 SIMILAR TO HB 1148 (2015) AND TO PROVISIONS CONTAINED IN HCS/HB 868 (2015).

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 AMENDMENT MODIFIES THE LIST OF REGULATIONS.

IN ADDITION, THIS AMENDMENT 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 AMENDMENT SPECIFIES THAT THE ASSERTION OF ANY OF THE ABOVE RIGHTS IS NOT TO BE DEEMED AS A FAILURE TO COOPERATE.

UNDER THIS AMENDMENT, 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 AMENDMENT, 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 AMENDMENT PROVIDES THAT CERTAIN INFORMATION REGARDING LICENSEES AND FINAL DISCIPLINARY ACTIONS IS NOT CONFIDENTIAL.

THESE PROVISIONS ARE SIMILAR TO PROVISIONS CONTAINED IN HCS/HB 868 (2015).

HCA 2 - THIS AMENDMENT PROVIDES THAT ANY INDIVIDUAL WHO HOLDS AN OCCUPATIONAL LICENSE ISSUED BY THE MISSOURI GAMING COMMISSION FOR THE PURPOSE OF PERFORMING THE DUTIES OF AN UNARMED SECURITY GUARD WHILE WORKING ON AN EXCURSION GAMBLING BOAT OR AT A FACILITY ADJACENT TO AN EXCURSION GAMBLING BOAT ARE EXEMPT FROM CERTAIN LICENSING REQUIREMENTS.