House Study Bill 520 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF PUBLIC HEALTH BILL) A BILL FOR An Act relating to emergency medical care providers, emergency 1 medical care service programs and emergency medical care 2 services training programs, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5264DP (9) 83 jr/nh
S.F. _____ H.F. _____ Section 1. Section 85.36, subsection 9, paragraph a, Code 1 2009, is amended to read as follows: 2 a. In computing the compensation to be allowed a volunteer 3 fire fighter, emergency medical care provider, reserve peace 4 officer, volunteer ambulance driver, volunteer emergency 5 rescue medical technician as defined in section 147A.1 , 6 or emergency medical technician trainee, the earnings as 7 a fire fighter, emergency medical care provider, reserve 8 peace officer, volunteer ambulance driver, volunteer 9 emergency rescue medical technician, or emergency medical 10 technician trainee shall be disregarded and the volunteer 11 fire fighter, emergency medical care provider, reserve peace 12 officer, volunteer ambulance driver, volunteer emergency 13 rescue medical technician, or emergency medical technician 14 trainee shall be paid an amount equal to the compensation 15 the volunteer fire fighter, emergency medical care provider, 16 reserve peace officer, volunteer ambulance driver, volunteer 17 emergency rescue medical technician, or emergency medical 18 technician trainee would be paid if injured in the normal 19 course of the volunteer fire fighter’s, emergency medical 20 care provider’s, reserve peace officer’s, volunteer ambulance 21 driver’s, volunteer emergency rescue medical technician’s, or 22 emergency medical technician trainee’s regular employment or an 23 amount equal to one hundred and forty percent of the statewide 24 average weekly wage, whichever is greater. 25 Sec. 2. Section 85.61, subsection 2, paragraph a, Code 2009, 26 is amended to read as follows: 27 a. A person, firm, association, or corporation, state, 28 county, municipal corporation, school corporation, area 29 education agency, township as an employer of volunteer fire 30 fighters, volunteer emergency rescue medical technicians, and 31 emergency medical care providers only, benefited fire district, 32 and the legal representatives of a deceased employer. 33 Sec. 3. Section 85.61, subsection 7, paragraph b, Code 2009, 34 is amended to read as follows: 35 -1- LSB 5264DP (9) 83 jr/nh 1/ 16
S.F. _____ H.F. _____ b. Personal injuries sustained by volunteer emergency 1 rescue medical technicians or emergency medical care providers 2 as defined in section 147A.1 arise in the course of employment 3 if the injuries are sustained at any time from the time the 4 volunteer emergency rescue medical technicians or emergency 5 medical care providers are summoned to duty until the time 6 those duties have been fully discharged. 7 Sec. 4. Section 85.61, subsection 11, paragraph a, 8 subparagraph (2), Code 2009, is amended to read as follows: 9 (2) An emergency medical care provider as defined in section 10 147A.1, a volunteer emergency rescue medical technician as 11 defined in section 147A.1 , a volunteer ambulance driver, or 12 an emergency medical technician trainee, only if an agreement 13 is reached between such worker or employee and the employer 14 for whom the volunteer services are provided that workers’ 15 compensation coverage under this chapter and chapters 85A and 16 85B is to be provided by the employer. An emergency medical 17 care provider or volunteer emergency rescue medical technician 18 who is a worker or employee under this subparagraph is not 19 a casual employee. “Volunteer ambulance driver” means a 20 person performing services as a volunteer ambulance driver 21 at the request of the person in charge of a fire department 22 or ambulance service of a municipality. “Emergency medical 23 technician trainee” means a person enrolled in and training for 24 emergency medical technician certification licensure . 25 Sec. 5. Section 100B.31, subsection 3, paragraph b, Code 26 Supplement 2009, is amended to read as follows: 27 b. A person performing the functions of an emergency 28 medical care provider or emergency rescue technician as defined 29 in section 147A.1 who was not paid full-time by the entity 30 for which such services were being performed at the time the 31 incident giving rise to the death occurred. 32 Sec. 6. Section 135.24, subsection 7, paragraph d, Code 33 Supplement 2009, is amended to read as follows: 34 d. “Health care provider” means a physician licensed under 35 -2- LSB 5264DP (9) 83 jr/nh 2/ 16
S.F. _____ H.F. _____ chapter 148, a chiropractor licensed under chapter 151, a 1 physical therapist licensed pursuant to chapter 148A, an 2 occupational therapist licensed pursuant to chapter 148B, 3 a podiatrist licensed pursuant to chapter 149, a physician 4 assistant licensed and practicing under a supervising physician 5 pursuant to chapter 148C, a licensed practical nurse, a 6 registered nurse, or an advanced registered nurse practitioner 7 licensed pursuant to chapter 152 or 152E, a respiratory 8 therapist licensed pursuant to chapter 152B, a dentist, dental 9 hygienist, or dental assistant registered or licensed to 10 practice under chapter 153, an optometrist licensed pursuant to 11 chapter 154, a psychologist licensed pursuant to chapter 154B, 12 a social worker licensed pursuant to chapter 154C, a mental 13 health counselor or a marital and family therapist licensed 14 pursuant to chapter 154D, a speech pathologist or audiologist 15 licensed pursuant to chapter 154F, a pharmacist licensed 16 pursuant to chapter 155A, or an emergency medical care provider 17 certified licensed pursuant to chapter 147A. 18 Sec. 7. Section 147A.1, subsection 4, Code Supplement 2009, 19 is amended to read as follows: 20 4. “Emergency medical care provider” means an individual 21 trained to provide emergency and nonemergency medical 22 care at the first-responder, EMT-basic, EMT-intermediate, 23 EMT-paramedic level, emergency medical responder, 24 emergency medical technician, advanced emergency medical 25 technician, paramedic, or other certification levels license 26 level adopted by rule by the department, who has been issued a 27 certificate license by the department. 28 Sec. 8. Section 147A.1, subsections 6, 8, and 9, Code 29 Supplement 2009, are amended by striking the subsections. 30 Sec. 9. Section 147A.1, Code Supplement 2009, is amended by 31 adding the following new subsections: 32 NEW SUBSECTION . 11. “Service program” or “service” means 33 any medical care ambulance service or nontransport service that 34 has received authorization from the department under section 35 -3- LSB 5264DP (9) 83 jr/nh 3/ 16
S.F. _____ H.F. _____ 147A.5. 1 NEW SUBSECTION . 12. “Training program” means an Iowa 2 college approved by the north central association of colleges 3 and schools or an Iowa hospital authorized by the department to 4 conduct emergency medical care services training. 5 Sec. 10. Section 147A.2, Code 2009, is amended to read as 6 follows: 7 147A.2 Council established —— terms of office. 8 1. An EMS advisory council shall be appointed by the 9 director. Membership of the council shall be comprised of 10 individuals nominated from, but not limited to, the following 11 state or national organizations: Iowa osteopathic medical 12 association, Iowa medical society, American college of 13 emergency physicians, Iowa physician assistant society, Iowa 14 academy of family physicians, university of Iowa hospitals 15 and clinics, American academy of emergency medicine, American 16 academy of pediatrics, Iowa EMS association, Iowa firemen’s 17 association, Iowa professional firefighters, EMS education 18 programs committee, EMS regional council, Iowa nurses 19 association, Iowa hospital association, and the Iowa state 20 association of counties. The council shall also include a 21 member-at-large who is an emergency medical care provider. 22 2. The EMS advisory council shall advise the director and 23 develop policy recommendations concerning the regulation, 24 administration, and coordination of emergency medical services 25 in the state. 26 Sec. 11. Section 147A.4, Code Supplement 2009, is amended 27 to read as follows: 28 147A.4 Rulemaking authority. 29 1. a. The department shall adopt rules required or 30 authorized by this subchapter pertaining to the operation 31 of ambulance, rescue, and first response services service 32 programs which have received authorization under section 33 147A.5to utilize the services of certified licensed emergency 34 medical care providers. These rules shall include but need not 35 -4- LSB 5264DP (9) 83 jr/nh 4/ 16
S.F. _____ H.F. _____ be limited to requirements concerning physician supervision, 1 necessary equipment and staffing, and reporting by ambulance, 2 rescue, and first response services service programs which have 3 received the authorization pursuant to section 147A.5. 4 b. The director, pursuant to rule, may grant exceptions and 5 variances from the requirements of rules adopted under this 6 subchapter for any ambulance, rescue, or first response service 7 program . Exceptions or variations shall be reasonably related 8 to undue hardships which existing services experience in 9 complying with this subchapter or the rules adopted pursuant 10 to this subchapter. However, no exception or variance may 11 be granted unless the service adopted a plan approved by the 12 department prior to July 1, 1996, to achieve compliance during 13 a period not to exceed seven years with this subchapter and 14 rules adopted pursuant to this subchapter . Services requesting 15 exceptions and variances shall be subject to other applicable 16 rules adopted pursuant to this subchapter. 17 2. The department shall adopt rules required or authorized 18 by this subchapter pertaining to the examination and 19 certification licensure of emergency medical care providers. 20 These rules shall include, but need not be limited to, 21 requirements concerning prerequisites, training, and experience 22 for emergency medical care providers and procedures for 23 determining when individuals have met these requirements. The 24 department shall adopt rules to recognize the previous EMS 25 training and experience of first responders and emergency 26 medical technicians to provide for an equitable transition to 27 the EMT-basic certification emergency medical care providers 28 transitioning to the emergency medical responder, emergency 29 medical technician, advanced emergency medical technician, 30 and paramedic levels . The department may require additional 31 training and examinations as necessary and appropriate to 32 ensure that individuals seeking certification transition to 33 another level have met the EMT-basic knowledge and skill 34 requirements. 35 -5- LSB 5264DP (9) 83 jr/nh 5/ 16
S.F. _____ H.F. _____ 3. The department shall establish the fee for the 1 examination of the emergency medical care providers to cover 2 the administrative costs of the examination program. 3 4. The department shall adopt rules required or authorized 4 by this subchapter pertaining to the operation of training 5 programs. These rules shall include but need not be limited 6 to requirements concerning curricula, resources, facilities, 7 and staff. 8 Sec. 12. Section 147A.5, subsections 1 and 3, Code 2009, are 9 amended to read as follows: 10 1. An ambulance, rescue, or first response A service 11 program in this state that desires to provide emergency 12 medical care in the out-of-hospital setting shall apply to 13 the department for authorization to establish a program for 14 delivery of the care at the scene of an emergency, during 15 transportation to a hospital, during transfer from one medical 16 care facility to another or to a private residence, or while in 17 the hospital emergency department, and until care is directly 18 assumed by a physician or by authorized hospital personnel. 19 3. The department may deny an application for 20 authorization , or may impose a civil penalty not to exceed 21 one thousand dollars upon, place on probation, suspend , or 22 revoke the authorization of, or otherwise discipline a service 23 program with an existing authorization if the department 24 finds reason to believe the service program has not been or 25 will not be operated in compliance with this subchapter and 26 the rules adopted pursuant to this subchapter, or that there 27 is insufficient assurance of adequate protection for the 28 public. The authorization denial or , civil penalty, period of 29 probation, suspension, or revocation , or other disciplinary 30 action shall be effected and may be appealed as provided by 31 section 17A.12. 32 Sec. 13. Section 147A.6, Code 2009, is amended to read as 33 follows: 34 147A.6 Emergency medical care provider 35 -6- LSB 5264DP (9) 83 jr/nh 6/ 16
S.F. _____ H.F. _____ certificates licenses —— renewal. 1 1. The department, upon application and receipt of the 2 prescribed fee, shall issue a certificate license to an 3 individual who has met all of the requirements for emergency 4 medical care provider certification licensure established by 5 the rules adopted under section 147A.4, subsection 2. All 6 fees and civil penalties received pursuant to this section and 7 sections 147A.5, 147A.7, and 147A.17 shall be deposited in the 8 emergency medical services fund established in section 135.25. 9 2. Emergency medical care provider certificates licenses 10 are valid for the multiyear period determined by the 11 department, unless sooner suspended or revoked. The 12 certificate license shall be renewed upon application of the 13 holder and receipt of the prescribed fee if the holder has 14 satisfactorily completed continuing medical education programs 15 as required by rule. 16 Sec. 14. Section 147A.7, Code 2009, is amended to read as 17 follows: 18 147A.7 Denial, suspension , or revocation of 19 certificates licenses —— other disciplinary action —— hearing —— 20 appeal. 21 1. The department may deny an application for issuance or 22 renewal of an emergency medical care provider certificate, 23 or license or may impose a civil penalty not to exceed one 24 thousand dollars upon, place on probation, suspend or revoke 25 the certificate license of, or otherwise discipline the 26 licensee when it finds that the applicant or certificate 27 holder licensee is guilty of any of the following acts or 28 offenses: 29 a. Negligence in performing authorized services. 30 b. Failure to follow the directions of the supervising 31 physician. 32 c. Rendering treatment not authorized under this subchapter. 33 d. Fraud in procuring certification license . 34 e. Professional incompetency. 35 -7- LSB 5264DP (9) 83 jr/nh 7/ 16
S.F. _____ H.F. _____ f. Knowingly making misleading, deceptive, untrue or 1 fraudulent representation in the practice of a profession 2 or engaging in unethical conduct or practice harmful or 3 detrimental to the public. Proof of actual injury need not be 4 established. 5 g. Habitual intoxication or addiction to the use of drugs. 6 h. Fraud in representations as to skill or ability. 7 i. Willful or repeated violations of this subchapter or of 8 rules adopted pursuant to this subchapter. 9 j. Violating a statute of this state, another state, or 10 the United States, without regard to its designation as either 11 a felony or misdemeanor, which relates to the practice of an 12 emergency medical care provider. A copy of the record of 13 conviction or plea of guilty is conclusive evidence of the 14 violation. 15 k. Having certification the license to practice as an 16 emergency medical care provider revoked or suspended, or having 17 other disciplinary action taken by a licensing or certifying 18 authority of another state, territory, or country. A certified 19 copy of the record or order of suspension, revocation, or 20 disciplinary action is conclusive or prima facie evidence. 21 l. Other acts or offenses as specified by rule. 22 2. A determination of mental incompetence by 23 a court of competent jurisdiction automatically 24 suspends a certificate license for the duration of the 25 certificate license unless the department orders otherwise. 26 3. A license denial, civil penalty, period of 27 probation, suspension , or revocation , or other disciplinary 28 action under this section shall be effected, and may be 29 appealed in accordance with the rules of the department 30 established pursuant to chapter 272C. 31 Sec. 15. Section 147A.8, Code Supplement 2009, is amended 32 to read as follows: 33 147A.8 Authority of certified licensed emergency medical care 34 provider. 35 -8- LSB 5264DP (9) 83 jr/nh 8/ 16
S.F. _____ H.F. _____ 1. An emergency medical care provider properly 1 certified licensed under this subchapter may: 2 a. 1. Render emergency and nonemergency medical care, 3 rescue, and lifesaving services in those areas for which 4 the emergency medical care provider is certified licensed , 5 as defined and approved in accordance with the rules of the 6 department, at the scene of an emergency, during transportation 7 to a hospital or while in the hospital emergency department, 8 and until care is directly assumed by a physician or by 9 authorized hospital personnel. 10 b. 2. Function in any hospital or any other entity in which 11 health care is ordinarily provided only when under the direct 12 supervision, as defined by rules adopted pursuant to chapter 13 17A, of a physician, when the emergency care provider is any 14 of the following : 15 (1) a. Enrolled as a student or participating as a preceptor 16 in a training program approved by the department ; or or an 17 agency authorized in another state to provide initial EMS 18 education and approved by the department. 19 (2) b. Fulfilling continuing education requirements as 20 defined by rule ; or . 21 (3) c. Employed by or assigned to a hospital or other entity 22 in which health care is ordinarily provided only when under the 23 direct supervision of a physician, as a member of an authorized 24 ambulance, rescue, or first response service program , or in 25 an individual capacity, by rendering lifesaving services in 26 the facility in which employed or assigned pursuant to the 27 emergency medical care provider’s certification license and 28 under the direct supervision of a physician, physician 29 assistant, or registered nurse. An emergency medical care 30 provider shall not routinely function without the direct 31 supervision of a physician, physician assistant, or registered 32 nurse. However, when the physician, physician assistant, or 33 registered nurse cannot directly assume emergency care of 34 the patient, the emergency medical care provider may perform 35 -9- LSB 5264DP (9) 83 jr/nh 9/ 16
S.F. _____ H.F. _____ without direct supervision emergency medical care procedures 1 for which that individual is certified licensed if the life of 2 the patient is in immediate danger and such care is required to 3 preserve the patient’s life ; or . 4 (4) d. Employed by or assigned to a hospital or other entity 5 in which health care is ordinarily provided only when under the 6 direct supervision of a physician, as a member of an authorized 7 ambulance, rescue, or first response service program , or in 8 an individual capacity, to perform nonlifesaving procedures 9 for which those individuals have been certified licensed and 10 are designated in a written job description. Such procedures 11 may be performed after the patient is observed by and when the 12 emergency medical care provider is under the supervision of the 13 physician, physician assistant, or registered nurse, including 14 when the registered nurse is not acting in the capacity of a 15 physician designee, and where the procedure may be immediately 16 abandoned without risk to the patient. 17 2. Nothing in this subchapter shall be construed to require 18 any voluntary ambulance, rescue, or first response service to 19 provide a level of care beyond minimum basic care standards. 20 Sec. 16. Section 147A.9, subsections 1 and 2, Code 2009, are 21 amended to read as follows: 22 1. When voice contact or a telemetered electrocardiogram is 23 monitored by a physician, physician’s designee, or physician 24 assistant, and direct communication is maintained, an emergency 25 medical care provider may upon order of the monitoring 26 physician or upon standing orders of a physician transmitted 27 by the monitoring physician’s designee or physician assistant 28 perform any emergency medical care procedure for which that 29 emergency medical care provider is certified licensed . 30 2. If communications fail during an emergency or 31 nonemergency situation, the emergency medical care provider 32 may perform any emergency medical care procedure for which 33 that individual is certified licensed and which is included in 34 written protocols if in the judgment of the emergency medical 35 -10- LSB 5264DP (9) 83 jr/nh 10/ 16
S.F. _____ H.F. _____ care provider the life of the patient is in immediate danger 1 and such care is required to preserve the patient’s life. 2 Sec. 17. Section 147A.10, subsections 1 and 3, Code 2009, 3 are amended to read as follows: 4 1. A physician, physician’s designee, advanced registered 5 nurse practitioner, or physician assistant who gives orders, 6 either directly or via communications equipment from some 7 other point, or via standing protocols to an appropriately 8 certified licensed emergency medical care provider, registered 9 nurse, or licensed practical nurse at the scene of an 10 emergency, and an appropriately certified licensed emergency 11 medical care provider, registered nurse, or licensed practical 12 nurse following the orders, are not subject to criminal 13 liability by reason of having issued or executed the orders, 14 and are not liable for civil damages for acts or omissions 15 relating to the issuance or execution of the orders unless the 16 acts or omissions constitute recklessness. 17 3. An act of commission or omission of any appropriately 18 certified licensed emergency medical care provider, registered 19 nurse, licensed practical nurse, or physician assistant, 20 while rendering emergency medical care under the responsible 21 supervision and control of a physician to a person who is 22 deemed by them to be in immediate danger of serious injury 23 or loss of life, shall not impose any liability upon the 24 certified licensed emergency medical care provider, registered 25 nurse, licensed practical nurse, or physician assistant, the 26 supervising physician, physician designee, advanced registered 27 nurse practitioner, or any hospital, or upon the state, or any 28 county, city or other political subdivision, or the employees 29 of any of these entities; provided that this section shall not 30 relieve any person of liability for civil damages for any act 31 of commission or omission which constitutes recklessness. 32 Sec. 18. Section 147A.11, Code 2009, is amended to read as 33 follows: 34 147A.11 Prohibited acts. 35 -11- LSB 5264DP (9) 83 jr/nh 11/ 16
S.F. _____ H.F. _____ 1. Any person not certified licensed as required by this 1 subchapter who claims to be an emergency medical care provider, 2 or who uses any other term to indicate or imply that the 3 person is an emergency medical care provider, or who acts as 4 an emergency medical care provider without having obtained 5 the appropriate certificate license under this subchapter, is 6 guilty of a class “D” felony. 7 2. An owner of an unauthorized ambulance, rescue, or 8 first response service program in this state who operates 9 or purports to operate an ambulance, rescue, or first 10 response a service program , or who uses any term to indicate 11 or imply authorization without having obtained the appropriate 12 authorization under this subchapter, is guilty of a class “D” 13 felony. 14 3. Any person who imparts or conveys, or causes to be 15 imparted or conveyed, or attempts to impart or convey false 16 information concerning the need for assistance of an ambulance, 17 rescue, or first response a service program or of any personnel 18 or equipment thereof, knowing such information to be false, is 19 guilty of a serious misdemeanor. 20 Sec. 19. Section 147A.12, subsection 1, Code 2009, is 21 amended to read as follows: 22 1. This subchapter does not restrict a registered nurse, 23 licensed pursuant to chapter 152, from staffing an authorized 24 ambulance, rescue, or first response service program, provided 25 the registered nurse can document equivalency through education 26 and additional skills training essential in the delivery of 27 out-of-hospital emergency care. The equivalency shall be 28 accepted when: 29 a. Documentation has been reviewed and approved at the local 30 level by the medical director of the ambulance, rescue, or 31 first response service program in accordance with the rules of 32 the board of nursing developed jointly with the department. 33 b. Authorization has been granted to that ambulance, rescue, 34 or first response service program by the department. 35 -12- LSB 5264DP (9) 83 jr/nh 12/ 16
S.F. _____ H.F. _____ Sec. 20. Section 147A.13, Code 2009, is amended to read as 1 follows: 2 147A.13 Physician assistant exception. 3 This subchapter does not restrict a physician assistant, 4 licensed pursuant to chapter 148C, from staffing an authorized 5 ambulance, rescue, or first response service program if the 6 physician assistant can document equivalency through education 7 and additional skills training essential in the delivery of 8 out-of-hospital emergency care. The equivalency shall be 9 accepted when: 10 1. Documentation has been reviewed and approved at the local 11 level by the medical director of the ambulance, rescue, or 12 first response service program in accordance with the rules of 13 the board of physician assistants developed after consultation 14 with the department. 15 2. Authorization has been granted to that ambulance, 16 rescue, or first response service program by the department. 17 Sec. 21. Section 147A.16, subsection 1, Code 2009, is 18 amended to read as follows: 19 1. This subchapter does not apply to a registered member 20 of the national ski patrol system, an industrial safety 21 officer, a lifeguard, or a person employed or volunteering 22 in a similar capacity in which the person provides on-site 23 emergency medical care at a facility solely to the patrons or 24 employees of that facility, provided that such person provides 25 emergency medical care only within the scope of the person’s 26 training and certification and the person does not claim to 27 be a certified licensed emergency medical care provider or 28 use any other term to indicate or imply that the person is a 29 certified licensed emergency medical care provider. 30 Sec. 22. NEW SECTION . 147A.17 Applications for emergency 31 medical care services training programs —— approval or denial —— 32 disciplinary actions. 33 1. An Iowa college approved by the north central association 34 of colleges and schools or an Iowa hospital in this state that 35 -13- LSB 5264DP (9) 83 jr/nh 13/ 16
S.F. _____ H.F. _____ desires to provide emergency medical care services training 1 leading to licensure as an emergency medical care provider 2 shall apply to the department for authorization to establish a 3 training program. 4 2. The department shall approve an application submitted in 5 accordance with subsection 1 when the department is satisfied 6 that the program proposed by the application will be operated 7 in compliance with this subchapter and the rules adopted 8 pursuant to this subchapter. 9 3. The department may deny an application for authorization 10 or may impose a civil penalty not to exceed one thousand 11 dollars upon, place on probation, suspend or revoke the 12 authorization of, or otherwise discipline a training program 13 with an existing authorization if the department finds reason 14 to believe the program has not been or will not be operated in 15 compliance with this subchapter and the rules adopted pursuant 16 to this subchapter, or that there is insufficient assurance of 17 adequate protection for the public. The authorization denial, 18 civil penalty, period of probation, suspension, or revocation, 19 or other disciplinary action shall be effected and may be 20 appealed as provided by section 17A.12. 21 Sec. 23. Section 232.68, subsection 5, Code Supplement 22 2009, is amended to read as follows: 23 5. “Health practitioner” includes a licensed physician 24 and surgeon, osteopathic physician and surgeon, dentist, 25 optometrist, podiatric physician, or chiropractor; a resident 26 or intern in any of such professions; a licensed dental 27 hygienist, a registered nurse or licensed practical nurse; a 28 physician assistant; and an emergency medical care provider 29 certified licensed under section 147A.6. 30 Sec. 24. Section 272C.1, subsection 6, paragraph ad, Code 31 Supplement 2009, is amended to read as follows: 32 ad. The director of public health in 33 certifying licensing emergency medical care providers and 34 emergency medical care services pursuant to chapter 147A. 35 -14- LSB 5264DP (9) 83 jr/nh 14/ 16
S.F. _____ H.F. _____ Sec. 25. Section 321.267A, subsection 5, Code 2009, is 1 amended to read as follows: 2 5. For the purposes of this section, “other emergency 3 responder” means a fire fighter certified as a fire fighter 4 I pursuant to rules adopted under chapter 100B and trained 5 in emergency driving or an emergency medical responder 6 certified care provider licensed under chapter 147A and trained 7 in emergency driving. 8 Sec. 26. Section 724.6, subsection 2, Code Supplement 2009, 9 is amended to read as follows: 10 2. Notwithstanding subsection 1, fire fighters, as defined 11 in section 411.1, subsection 10, airport fire fighters included 12 under section 97B.49B, emergency rescue technicians, and 13 emergency medical care providers, as defined in section 147A.1, 14 shall not, as a condition of employment, be required to obtain 15 a permit under this section. However, the provisions of 16 this subsection shall not apply to a person designated as an 17 arson investigator by the chief fire officer of a political 18 subdivision. 19 EXPLANATION 20 This bill provides for the licensure, rather than 21 certification, of emergency medical care providers. 22 An emergency medical care provider is defined by the bill 23 as an individual trained to provide emergency and nonemergency 24 medical care as an emergency medical responder, emergency 25 medical technician, advanced emergency medical technician, or 26 paramedic. The bill eliminates definitions for and references 27 to “emergency medical services instructor”, “emergency rescue 28 technician”, and “first responder”. The bill empowers the 29 department of public health to create other levels of licensure 30 by rule. 31 The bill adds a definition of a service program, as a 32 department-authorized medical care ambulance service or 33 nontransport service. The authorization is similar to a 34 license. 35 -15- LSB 5264DP (9) 83 jr/nh 15/ 16
S.F. _____ H.F. _____ The bill adds two stakeholder groups to the current 1 EMS advisory council, representing emergency medicine and 2 pediatrics. 3 The bill establishes a civil penalty of up to $1,000 for 4 licensees, service programs, and training programs, if the 5 department finds that the licensee or program has not been 6 or will not be operated in compliance with the licensing or 7 authorization requirements, or that there is insufficient 8 assurance of adequate protection for the public. 9 The bill establishes a procedure for the approval of 10 training programs for emergency medical care providers. 11 These programs must be approved by the department, and may 12 be provided by an Iowa college approved by the north central 13 association of colleges and schools or by an Iowa hospital. 14 -16- LSB 5264DP (9) 83 jr/nh 16/ 16