SB 870 Modifies provisions of law relating to emergency medical services
Sponsor: Hegeman
LR Number: 5721S.07T Fiscal Notes
Committee: Local Government and Elections
Last Action: 7/9/2018 - Signed by Governor Journal Page: S2518
Title: CCS HCS SS SB 870 Calendar Position:
Effective Date: August 28, 2018
House Handler: Alferman

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Current Bill Summary


CCS/HCS/SS/SB 870 - This act modifies several provisions relating to emergency services, including: (1) the law enforcement mutual aid region; (2) emergency services districts; (3) retirement plan board member training; (4) certain definitions; (5) line of duty death compensation; (6) emergency medical services (EMS) medical directors; (7) EMS training; (8) emergency treatment protocols; (9) disciplinary investigations; (10) EMS records; (11) the EMS Personnel Licensure Interstate Compact; (12) physical restraints used on pregnant or postpartum offenders; (13) fire department and fire protection district protected health information; (14) blood draws by certain medical professionals; and (15) peer counseling for emergency services personnel.

LAW ENFORCEMENT MUTUAL AID REGION (Section 44.098)

This act provides that when a law enforcement agency requests assistance from another law enforcement agency under a mutual aid agreement, any law enforcement officer assisting the requesting agency is afforded the same powers of arrest they would have in their own jurisdiction and the same powers of arrest as officers of the requesting entity. Any officer assisting a requesting agency shall enjoy the same legal immunities as an officer of the requesting entity. Such powers shall be limited to the location where provided, for the duration of the specific event requested, and while acting under the direction of the requesting entity.

Any officer assisting a requesting agency shall be deemed an employee of the assisting agency and shall be subject to the workers' compensation, overtime, and expense reimbursement provisions provided as an employee of the assisting agency, including sovereign immunity, official immunity, and the public duty doctrine.

This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/HB 1355 (2018) and substantially similar to a provision in SCS/HB 1442 (2018) and HCS/HB 2062 (2018).

EMERGENCY SERVICES DISTRICTS (Sections 99.848, 100.050, 100.059, and 353.110)

Current law provides that ambulance and fire protection districts are entitled to a reimbursement of between 50% and 100% of the amount of the district's tax increment deposited into the Special Allocation Fund of a tax increment financing district. This act provides that ambulance and fire protection districts and counties operating a 911 center providing emergency or dispatch services shall annually set such reimbursement rate prior to the time the assessment is paid into the Fund. If the redevelopment plan, area, or project is amended, the ambulance or fire protection district or the governing body of a county operating a 911 center providing emergency or dispatch services shall have the right to recalculate the reimbursement rate.

This act requires plans for Chapter 100 industrial development projects to identify ambulance and fire protection districts that are impacted by such projects, and to include an analysis of the costs and benefits of such projects to such districts.

This act also allows ambulance and fire protection districts and counties operating a 911 center providing emergency or dispatch services to receive a reimbursement of between 50% and 100% of the amount of ad valorem property tax revenues the district or county would have received in the absence of a property tax abatement or exemption provided for under a Chapter 100 industrial development project. Ambulance and fire protection districts and the governing body of a county operating a 911 center providing emergency or dispatch services shall annually set such reimbursement rate prior to the time the assessment is determined by the county assessor. If the redevelopment plan, area, or project is amended, the ambulance or fire protection district or county shall have the right to recalculate the reimbursement rate.

This act also modifies the Urban Redevelopment Corporations Law by allowing ambulance and fire protection districts and counties operating a 911 center providing emergency or dispatch services to receive a reimbursement of between 50% and 100% of the amount of ad valorem property tax revenues the district or county would have received in the absence of the property tax abatement or exemption provided for under current law. Ambulance and fire protection districts and the governing body of a county operating a 911 center providing emergency or dispatch services shall annually set such reimbursement rate prior to the time the assessment is determined by the county assessor. If the redevelopment plan, area, or project is amended, the ambulance or fire protection district or the governing body of a county operating a 911 center providing emergency or dispatch services shall have the right to recalculate the reimbursement rate.

These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/HB 1355 (2018) and SCS/SB 936 (2018).

RETIREMENT PLAN BOARD MEMBER TRAINING (Section 105.666)

This act changes the required number of hours for training for certain public employee retirement plan board members. New members shall complete an education program of at least six hours and board members who have served one or more years shall attend at least two hours annually of continuing education programs.

CERTAIN DEFINITIONS (Sections 135.090, 190.094, 190.100, 190.103, 190.105, 190.131, 190.143, 190.196, 190.246, and 191.630)

This act changes the term "emergency medical technician-intermediate" to "advanced emergency medical technician".

Additionally, the term "first responder" is replaced by "emergency medical responder".

Finally, the definition of "medical control" is modified to include both online and offline medical control.

These provisions are substantially similar to provisions in the truly agreed to and finally passed SS/SCS/HB 1355 (2018).

LINE OF DUTY DEATH COMPENSATION (Sections 173.260 and 287.243)

Currently, the "Public Service Officer's or Employee's Child Survivor Grant Program" and the "Line of Duty Compensation Act" provide for compensation and educational grants for certain surviving family members and other designated individuals of a specified emergency services personnel killed in the line of duty. This act expands the professions covered under this provision.

This provision is substantially similar to a provision in the truly agreed to and finally passed CCS/HCS/SCS/SBs 807 & 577 (2018) and similar to HB 2360 (2018).

EMS MEDICAL DIRECTORS (Section 190.103)

This act requires the state EMS medical director to be elected by the members of the regional EMS medical director's advisory committee, to serve a four-year term, and to coordinate EMS services between the EMS regions, as well as to promote educational efforts for agency medical directors, represent Missouri EMS nationally, and incorporate the EMS system into Missouri's health care system.

This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/HB 1355 (2018).

EMS TRAINING (Sections 190.131 and 190.142)

This act modifies education, training, and accreditation requirements for emergency medical technicians and paramedics. Paramedic training programs shall be accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or hold a CAAHEP letter of review.

This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/HB 1355 (2018).

TREATMENT PROTOCOLS (Sections 190.103 and 190.147)

Emergency medical technicians and paramedics shall only perform medical procedures as directed by treatment protocols approved by the regional medical director or as authorized through direct communication with online medical control.

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. Physical restraint of a patient shall be permitted only to provide for bystander, patient, or emergency personnel safety, as approved by local medical control, or in cooperation with on-scene law enforcement. All incidents involving patient restraint shall be reviewed by the ambulance service physician medical director.

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 government employer.

Any ambulance services adopting the authority and protocols under this act shall 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.

These provisions are similar to provisions in the truly agreed to and finally passed SS/SCS/HB 1355 (2018).

DISCIPLINARY INVESTIGATIONS (Section 190.165)

Under current law, licensed EMS providers who are the subjects of disciplinary investigations are instructed that they are not entitled to have holders of certain certificates, permits, or licenses present at an interview. This act removes this prohibition against holders of certain certificates, permits, or licenses. Additionally, the act provides that the Administrative Hearing Commission shall hear all relevant evidence on remediation activities of the licensee and shall make a recommendation to the Department of Health and Senior Services as to licensure disposition based on such evidence.

This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/HB 1355 (2018).

EMS RECORDS (Section 190.173)

This act provides that any information regarding the physical or mailing address, phone number, fax number, or email address of a licensed ambulance service or certified training entity shall not be considered confidential.

Nothing in this provision shall prohibit the Department of Health and Senior Services from releasing certain aggregate information in accordance with state law.

This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/HB 1355 (2018).

EMS PERSONNEL LICENSURE INTERSTATE COMPACT (Sections 190.101, 190.142, and 190.900 to 190.939)

This act authorizes Missouri to become a member state of the "Recognition of EMS Personnel Licensure Interstate Compact" and to adopt the provisions of authorization as specified in the act. The purpose of the compact is to facilitate the exchange of information between member states regarding EMS personnel licensure, adverse actions, and significant investigatory information. The State Advisory Council on Emergency Medical Services shall monitor the implementation of the compact and make recommendations regarding Missouri's participation in the compact.

Applicants for initial licensure as an emergency medical technician submitted after the recognition of the compact shall submit to a background check as provided in the act.

A home state's license authorizes an individual to practice in a remote state under the privilege to practice if the home state meets certain requirements, as set forth in the act. In order to exercise the privilege to practice under the terms and provisions of the compact, an individual shall: 1) be at least 18 years of age; 2) possess a current unrestricted license in a member state as an emergency medical technician (EMT), advanced emergency medical technician (AEMT), paramedic, or state-recognized and licensed level with a scope of practice and authority between EMT and paramedic; and 3) practice under the supervision of a medical director.

If an individual's license in any home state is restricted, suspended, or revoked, the individual shall not be eligible to practice in a remote state until the individual's home state license is restored. Additionally, if an individual's privilege to practice in any remote state is restricted, suspended, or revoked, the individual shall not be eligible to practice in any remote state until the individual's privilege to practice is restored.

The circumstances under which an individual may practice in a remote state in the performance of emergency medical services are set forth in the act, in conjunction with any rules created by the Interstate Commission for EMS Personnel Practice.

If a member state's governor declares a state of emergency or disaster that activates the Emergency Management Assistance Compact (EMAC), the terms of EMAC shall prevail over the terms or provisions of the compact with respect to any individual practicing in a remote state in response to such declaration.

A home state shall have exclusive power to impose adverse action against an individual's license issued by the home state. A remote state may take adverse action on an individual's privilege to practice within the remote state.

The Interstate Commission for EMS Personnel Practice has powers as set forth in the act, including the collection of an annual assessment from member states. Missouri shall not authorize an annual assessment greater than $10,000 or an annual increase equal to the CPI-U. The commission shall meet at least one during each calendar year. The commission may hold closed meetings to discuss matters as specified in the act.

The commission shall prescribe bylaws and rules to carry out the purposes and exercise the powers of the compact. The powers and duties of the commission are set forth in the act.

Any member state may withdraw from the compact by enacting a statute repealing the same. A member state's withdrawal does not take effect until 6 months after enactment of the repealing statute.

These provisions are substantially similar to provisions in the truly agreed to and finally passed SS/SCS/HB 1355 (2018).

PHYSICAL RESTRAINTS USED ON PREGNANT OR POSTPARTUM OFFENDERS (Section 217.151)

Under this act, a Department of Corrections correctional center is prohibited from using restraints on a pregnant offender in her third trimester during transportation, medical appointments, labor, or forty-eight hours post delivery, unless extraordinary circumstances exist. Extraordinary circumstances occur when the offender is a substantial flight risk or restraints must be used to ensure the safety of the offender or others. When restraints are used, they must be the least restrictive and reasonable under the circumstances. Additionally, the corrections officer who determined that the restraints were necessary shall document the incident within forty-eight hours. If a health care provider requests for restraints to not be used, then the corrections officer shall remove all restraints.

The Sentencing and Corrections Oversight Commission and the Advisory Committee shall conduct biannual reviews of every report written on incidents where restraints were used by a corrections officer.

Correctional centers shall ensure that employees are trained on the use of restraints for pregnant and postpartum offenders. Furthermore, the facilities must inform female offenders of procedures regarding care and custody of pregnant offenders and post such procedures in a common place.

These provisions are substantially similar to provisions in SCS/SB 803 (2018), SB 931 (2018), SCS/SB 936 (2018), and HB 1662 (2018), and similar to provisions in HB 1431 (2018), HCS/SS/SCS/SB 124 (2017), SCS/SB 418 (2017), HCS/HB 100 (2017), HCS/HB 1044 (2017), and HB 1616 (2016).

FIRE DEPARTMENT AND FIRE PROTECTION DISTRICT PROTECTED HEALTH INFORMATION (Section 320.086)

Under this act, a portion of a record that is individually identifiable health information may be a closed record if maintained by a fire department or fire protection district. However, the department or district shall produce an incident report for every call to the department or district, as specified in the act, and such incident report shall be an open record.

This provision is identical to HCS/HB 1488 (2018) and a provision in HCB 23 (2018).

BLOOD DRAWS BY CERTAIN MEDICAL PROFESSIONALS (Section 577.029)

This act requires the consent of a patient or a warrant before a licensed physician, registered nurse, phlebotomist, or trained medical technician may draw blood at the request of a law enforcement officer for the purpose of determining the alcohol content of the blood.

This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SB 951 (2018) and similar to a provision in HCS/SB 951 (2018) and HCS/HB 2413 (2018).

PEER COUNSELING FOR EMERGENCY SERVICES PERSONNEL (Section 590.1040)

This act prohibits peer support specialists who obtain information from law enforcement officers or emergency services personnel while acting in their capacity as a peer support specialist from disclosing any confidential information unless certain conditions specified in the act are met. These conditions include threats of suicide, information relating to the abuse of spouses, children, or the elderly, admission of criminal conduct, and disclosure of certain protected information for which appropriate consent to disclose has been given.

There is no prohibition on communication between peer support specialists or any communication between the specialists and the supervisors or staff of an employee assistance program. There is also no prohibition on communication regarding fitness of an employee for duty between an employee assistance program and an employer.

This provision is identical to HB 1411 (2018) and substantially similar to a provision in the truly agreed to and finally passed SS/SCS/HB 1355 (2018), SB 616 (2018), HCS/SS/SCS/SB 966 (2018), SS/SCS/HB 1355 (2018), and HB 1376 (2018).

SARAH HASKINS