Senate
File
2141
-
Introduced
SENATE
FILE
2141
BY
DANIELSON
A
BILL
FOR
An
Act
regulating
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
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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
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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
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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
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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
147A.5
33
to
utilize
the
services
of
certified
licensed
emergency
medical
34
care
providers.
These
rules
shall
include
but
need
not
be
35
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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.
All
requirements
for
transition
to
another
35
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2141
level,
including
fees,
shall
be
adopted
by
rule.
1
3.
The
department
shall
establish
the
fee
for
the
2
examination
of
the
emergency
medical
care
providers
to
cover
3
the
administrative
costs
of
the
examination
program.
4
4.
The
department
shall
adopt
rules
required
or
authorized
5
by
this
subchapter
pertaining
to
the
operation
of
training
6
programs.
These
rules
shall
include
but
need
not
be
limited
7
to
requirements
concerning
curricula,
resources,
facilities,
8
and
staff.
9
Sec.
12.
Section
147A.5,
subsections
1
and
3,
Code
2009,
are
10
amended
to
read
as
follows:
11
1.
An
ambulance,
rescue,
or
first
response
A
service
12
program
in
this
state
that
desires
to
provide
emergency
13
medical
care
in
the
out-of-hospital
setting
shall
apply
to
14
the
department
for
authorization
to
establish
a
program
for
15
delivery
of
the
care
at
the
scene
of
an
emergency,
during
16
transportation
to
a
hospital,
during
transfer
from
one
medical
17
care
facility
to
another
or
to
a
private
residence,
or
while
in
18
the
hospital
emergency
department,
and
until
care
is
directly
19
assumed
by
a
physician
or
by
authorized
hospital
personnel.
20
3.
The
department
may
deny
an
application
for
21
authorization
,
or
may
impose
a
civil
penalty
not
to
exceed
22
one
thousand
dollars
upon,
place
on
probation,
suspend
,
or
23
revoke
the
authorization
of,
or
otherwise
discipline
a
service
24
program
with
an
existing
authorization
if
the
department
25
finds
reason
to
believe
the
service
program
has
not
been
or
26
will
not
be
operated
in
compliance
with
this
subchapter
and
27
the
rules
adopted
pursuant
to
this
subchapter,
or
that
there
28
is
insufficient
assurance
of
adequate
protection
for
the
29
public.
The
authorization
denial
or
,
civil
penalty,
period
of
30
probation,
suspension,
or
revocation
,
or
other
disciplinary
31
action
shall
be
effected
and
may
be
appealed
as
provided
by
32
section
17A.12.
33
Sec.
13.
Section
147A.6,
Code
2009,
is
amended
to
read
as
34
follows:
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147A.6
Emergency
medical
care
provider
certificates
1
licenses
——
renewal.
2
1.
The
department,
upon
application
and
receipt
of
the
3
prescribed
fee,
shall
issue
a
certificate
license
to
an
4
individual
who
has
met
all
of
the
requirements
for
emergency
5
medical
care
provider
certification
licensure
established
by
6
the
rules
adopted
under
section
147A.4,
subsection
2.
All
7
fees
and
civil
penalties
received
pursuant
to
this
section
and
8
sections
147A.5,
147A.7,
and
147A.17
shall
be
deposited
in
the
9
emergency
medical
services
fund
established
in
section
135.25.
10
2.
Emergency
medical
care
provider
certificates
licenses
11
are
valid
for
the
multiyear
period
determined
by
the
12
department,
unless
sooner
suspended
or
revoked.
The
13
certificate
license
shall
be
renewed
upon
application
of
the
14
holder
and
receipt
of
the
prescribed
fee
if
the
holder
has
15
satisfactorily
completed
continuing
medical
education
programs
16
as
required
by
rule.
17
3.
If
the
licensee
fails
to
complete
the
required
continuing
18
medical
education
programs
prior
to
the
time
of
renewal,
the
19
department
shall
issue
the
licensee
a
temporary
license
for
a
20
period
of
sixty
days.
The
license
may
be
renewed
only
during
21
that
sixty-day
period,
on
proof
that
the
licensee
has
completed
22
all
required
education
programs,
paid
the
required
renewal
fee,
23
and
paid
a
penalty
of
twenty
dollars
for
each
credit
hour
of
24
education
the
licensee
failed
to
complete.
25
Sec.
14.
Section
147A.7,
Code
2009,
is
amended
to
read
as
26
follows:
27
147A.7
Denial,
suspension
,
or
revocation
of
certificates
28
licenses
——
other
disciplinary
action
——
hearing
——
appeal.
29
1.
The
department
may
deny
an
application
for
issuance
or
30
renewal
of
an
emergency
medical
care
provider
certificate,
31
or
license
or
may
impose
a
civil
penalty
not
to
exceed
one
32
thousand
dollars
upon,
place
on
probation,
suspend
or
revoke
33
the
certificate
license
of,
or
otherwise
discipline
the
34
licensee
when
it
finds
that
the
applicant
or
certificate
35
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holder
licensee
is
guilty
of
any
of
the
following
acts
or
1
offenses:
2
a.
Negligence
in
performing
authorized
services.
3
b.
Failure
to
follow
the
directions
of
the
supervising
4
physician.
5
c.
Rendering
treatment
not
authorized
under
this
subchapter.
6
d.
Fraud
in
procuring
certification
license
.
7
e.
Professional
incompetency.
8
f.
Knowingly
making
misleading,
deceptive,
untrue
or
9
fraudulent
representation
in
the
practice
of
a
profession
10
or
engaging
in
unethical
conduct
or
practice
harmful
or
11
detrimental
to
the
public.
Proof
of
actual
injury
need
not
be
12
established.
13
g.
Habitual
intoxication
or
addiction
to
the
use
of
drugs.
14
h.
Fraud
in
representations
as
to
skill
or
ability.
15
i.
Willful
or
repeated
violations
of
this
subchapter
or
of
16
rules
adopted
pursuant
to
this
subchapter.
17
j.
Violating
a
statute
of
this
state,
another
state,
or
18
the
United
States,
without
regard
to
its
designation
as
either
19
a
felony
or
misdemeanor,
which
relates
to
the
practice
of
an
20
emergency
medical
care
provider.
A
copy
of
the
record
of
21
conviction
or
plea
of
guilty
is
conclusive
evidence
of
the
22
violation.
23
k.
Having
certification
the
license
to
practice
as
an
24
emergency
medical
care
provider
revoked
or
suspended,
or
having
25
other
disciplinary
action
taken
by
a
licensing
or
certifying
26
authority
of
another
state,
territory,
or
country.
A
certified
27
copy
of
the
record
or
order
of
suspension,
revocation,
or
28
disciplinary
action
is
conclusive
or
prima
facie
evidence.
29
l.
Other
acts
or
offenses
as
specified
by
rule.
30
2.
A
determination
of
mental
incompetence
by
31
a
court
of
competent
jurisdiction
automatically
32
suspends
a
certificate
license
for
the
duration
of
the
33
certificate
license
unless
the
department
orders
otherwise.
34
3.
A
license
denial,
civil
penalty,
period
of
35
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probation,
suspension
,
or
revocation
,
or
other
disciplinary
1
action
under
this
section
shall
be
effected,
and
may
be
2
appealed
in
accordance
with
the
rules
of
the
department
3
established
pursuant
to
chapter
272C.
4
Sec.
15.
Section
147A.8,
Code
Supplement
2009,
is
amended
5
to
read
as
follows:
6
147A.8
Authority
of
certified
licensed
emergency
medical
care
7
provider.
8
1.
An
emergency
medical
care
provider
properly
9
certified
licensed
under
this
subchapter
may:
10
a.
1.
Render
emergency
and
nonemergency
medical
care,
11
rescue,
and
lifesaving
services
in
those
areas
for
which
12
the
emergency
medical
care
provider
is
certified
licensed
,
13
as
defined
and
approved
in
accordance
with
the
rules
of
the
14
department,
at
the
scene
of
an
emergency,
during
transportation
15
to
a
hospital
or
while
in
the
hospital
emergency
department,
16
and
until
care
is
directly
assumed
by
a
physician
or
by
17
authorized
hospital
personnel.
18
b.
2.
Function
in
any
hospital
or
any
other
entity
in
which
19
health
care
is
ordinarily
provided
only
when
under
the
direct
20
supervision,
as
defined
by
rules
adopted
pursuant
to
chapter
21
17A,
of
a
physician,
when
the
emergency
care
provider
is
any
22
of
the
following
:
23
(1)
a.
Enrolled
as
a
student
or
participating
as
a
preceptor
24
in
a
training
program
approved
by
the
department
;
or
or
an
25
agency
authorized
in
another
state
to
provide
initial
EMS
26
education
and
approved
by
the
department.
27
(2)
b.
Fulfilling
continuing
education
requirements
as
28
defined
by
rule
;
or
.
29
(3)
c.
Employed
by
or
assigned
to
a
hospital
or
other
entity
30
in
which
health
care
is
ordinarily
provided
only
when
under
the
31
direct
supervision
of
a
physician,
as
a
member
of
an
authorized
32
ambulance,
rescue,
or
first
response
service
program
,
or
in
33
an
individual
capacity,
by
rendering
lifesaving
services
in
34
the
facility
in
which
employed
or
assigned
pursuant
to
the
35
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emergency
medical
care
provider’s
certification
license
and
1
under
the
direct
supervision
of
a
physician,
physician
2
assistant,
or
registered
nurse.
An
emergency
medical
care
3
provider
shall
not
routinely
function
without
the
direct
4
supervision
of
a
physician,
physician
assistant,
or
registered
5
nurse.
However,
when
the
physician,
physician
assistant,
or
6
registered
nurse
cannot
directly
assume
emergency
care
of
7
the
patient,
the
emergency
medical
care
provider
may
perform
8
without
direct
supervision
emergency
medical
care
procedures
9
for
which
that
individual
is
certified
licensed
if
the
life
of
10
the
patient
is
in
immediate
danger
and
such
care
is
required
to
11
preserve
the
patient’s
life
;
or
.
12
(4)
d.
Employed
by
or
assigned
to
a
hospital
or
other
entity
13
in
which
health
care
is
ordinarily
provided
only
when
under
the
14
direct
supervision
of
a
physician,
as
a
member
of
an
authorized
15
ambulance,
rescue,
or
first
response
service
program
,
or
in
16
an
individual
capacity,
to
perform
nonlifesaving
procedures
17
for
which
those
individuals
have
been
certified
licensed
and
18
are
designated
in
a
written
job
description.
Such
procedures
19
may
be
performed
after
the
patient
is
observed
by
and
when
the
20
emergency
medical
care
provider
is
under
the
supervision
of
the
21
physician,
physician
assistant,
or
registered
nurse,
including
22
when
the
registered
nurse
is
not
acting
in
the
capacity
of
a
23
physician
designee,
and
where
the
procedure
may
be
immediately
24
abandoned
without
risk
to
the
patient.
25
2.
Nothing
in
this
subchapter
shall
be
construed
to
require
26
any
voluntary
ambulance,
rescue,
or
first
response
service
to
27
provide
a
level
of
care
beyond
minimum
basic
care
standards.
28
Sec.
16.
Section
147A.9,
subsections
1
and
2,
Code
2009,
are
29
amended
to
read
as
follows:
30
1.
When
voice
contact
or
a
telemetered
electrocardiogram
is
31
monitored
by
a
physician,
physician’s
designee,
or
physician
32
assistant,
and
direct
communication
is
maintained,
an
emergency
33
medical
care
provider
may
upon
order
of
the
monitoring
34
physician
or
upon
standing
orders
of
a
physician
transmitted
35
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by
the
monitoring
physician’s
designee
or
physician
assistant
1
perform
any
emergency
medical
care
procedure
for
which
that
2
emergency
medical
care
provider
is
certified
licensed
.
3
2.
If
communications
fail
during
an
emergency
or
4
nonemergency
situation,
the
emergency
medical
care
provider
5
may
perform
any
emergency
medical
care
procedure
for
which
6
that
individual
is
certified
licensed
and
which
is
included
in
7
written
protocols
if
in
the
judgment
of
the
emergency
medical
8
care
provider
the
life
of
the
patient
is
in
immediate
danger
9
and
such
care
is
required
to
preserve
the
patient’s
life.
10
Sec.
17.
Section
147A.10,
subsections
1
and
3,
Code
2009,
11
are
amended
to
read
as
follows:
12
1.
A
physician,
physician’s
designee,
advanced
registered
13
nurse
practitioner,
or
physician
assistant
who
gives
orders,
14
either
directly
or
via
communications
equipment
from
some
15
other
point,
or
via
standing
protocols
to
an
appropriately
16
certified
licensed
emergency
medical
care
provider,
registered
17
nurse,
or
licensed
practical
nurse
at
the
scene
of
an
18
emergency,
and
an
appropriately
certified
licensed
emergency
19
medical
care
provider,
registered
nurse,
or
licensed
practical
20
nurse
following
the
orders,
are
not
subject
to
criminal
21
liability
by
reason
of
having
issued
or
executed
the
orders,
22
and
are
not
liable
for
civil
damages
for
acts
or
omissions
23
relating
to
the
issuance
or
execution
of
the
orders
unless
the
24
acts
or
omissions
constitute
recklessness.
25
3.
An
act
of
commission
or
omission
of
any
appropriately
26
certified
licensed
emergency
medical
care
provider,
registered
27
nurse,
licensed
practical
nurse,
or
physician
assistant,
28
while
rendering
emergency
medical
care
under
the
responsible
29
supervision
and
control
of
a
physician
to
a
person
who
is
30
deemed
by
them
to
be
in
immediate
danger
of
serious
injury
31
or
loss
of
life,
shall
not
impose
any
liability
upon
the
32
certified
licensed
emergency
medical
care
provider,
registered
33
nurse,
licensed
practical
nurse,
or
physician
assistant,
the
34
supervising
physician,
physician
designee,
advanced
registered
35
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nurse
practitioner,
or
any
hospital,
or
upon
the
state,
or
any
1
county,
city
or
other
political
subdivision,
or
the
employees
2
of
any
of
these
entities;
provided
that
this
section
shall
not
3
relieve
any
person
of
liability
for
civil
damages
for
any
act
4
of
commission
or
omission
which
constitutes
recklessness.
5
Sec.
18.
Section
147A.11,
Code
2009,
is
amended
to
read
as
6
follows:
7
147A.11
Prohibited
acts.
8
1.
Any
person
not
certified
licensed
as
required
by
this
9
subchapter
who
claims
to
be
an
emergency
medical
care
provider,
10
or
who
uses
any
other
term
to
indicate
or
imply
that
the
11
person
is
an
emergency
medical
care
provider,
or
who
acts
as
12
an
emergency
medical
care
provider
without
having
obtained
13
the
appropriate
certificate
license
under
this
subchapter,
is
14
guilty
of
a
class
“D”
felony.
15
2.
An
owner
of
an
unauthorized
ambulance,
rescue,
or
16
first
response
service
program
in
this
state
who
operates
17
or
purports
to
operate
an
ambulance,
rescue,
or
first
18
response
a
service
program
,
or
who
uses
any
term
to
indicate
19
or
imply
authorization
without
having
obtained
the
appropriate
20
authorization
under
this
subchapter,
is
guilty
of
a
class
“D”
21
felony.
22
3.
Any
person
who
imparts
or
conveys,
or
causes
to
be
23
imparted
or
conveyed,
or
attempts
to
impart
or
convey
false
24
information
concerning
the
need
for
assistance
of
an
ambulance,
25
rescue,
or
first
response
a
service
program
or
of
any
personnel
26
or
equipment
thereof,
knowing
such
information
to
be
false,
is
27
guilty
of
a
serious
misdemeanor.
28
Sec.
19.
Section
147A.12,
subsection
1,
Code
2009,
is
29
amended
to
read
as
follows:
30
1.
This
subchapter
does
not
restrict
a
registered
nurse,
31
licensed
pursuant
to
chapter
152,
from
staffing
an
authorized
32
ambulance,
rescue,
or
first
response
service
program,
provided
33
the
registered
nurse
can
document
equivalency
through
education
34
and
additional
skills
training
essential
in
the
delivery
of
35
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out-of-hospital
emergency
care.
The
equivalency
shall
be
1
accepted
when:
2
a.
Documentation
has
been
reviewed
and
approved
at
the
local
3
level
by
the
medical
director
of
the
ambulance,
rescue,
or
4
first
response
service
program
in
accordance
with
the
rules
of
5
the
board
of
nursing
developed
jointly
with
the
department.
6
b.
Authorization
has
been
granted
to
that
ambulance,
rescue,
7
or
first
response
service
program
by
the
department.
8
Sec.
20.
Section
147A.13,
Code
2009,
is
amended
to
read
as
9
follows:
10
147A.13
Physician
assistant
exception.
11
This
subchapter
does
not
restrict
a
physician
assistant,
12
licensed
pursuant
to
chapter
148C,
from
staffing
an
authorized
13
ambulance,
rescue,
or
first
response
service
program
if
the
14
physician
assistant
can
document
equivalency
through
education
15
and
additional
skills
training
essential
in
the
delivery
of
16
out-of-hospital
emergency
care.
The
equivalency
shall
be
17
accepted
when:
18
1.
Documentation
has
been
reviewed
and
approved
at
the
local
19
level
by
the
medical
director
of
the
ambulance,
rescue,
or
20
first
response
service
program
in
accordance
with
the
rules
of
21
the
board
of
physician
assistants
developed
after
consultation
22
with
the
department.
23
2.
Authorization
has
been
granted
to
that
ambulance,
24
rescue,
or
first
response
service
program
by
the
department.
25
Sec.
21.
Section
147A.16,
subsection
1,
Code
2009,
is
26
amended
to
read
as
follows:
27
1.
This
subchapter
does
not
apply
to
a
registered
member
28
of
the
national
ski
patrol
system,
an
industrial
safety
29
officer,
a
lifeguard,
or
a
person
employed
or
volunteering
30
in
a
similar
capacity
in
which
the
person
provides
on-site
31
emergency
medical
care
at
a
facility
solely
to
the
patrons
or
32
employees
of
that
facility,
provided
that
such
person
provides
33
emergency
medical
care
only
within
the
scope
of
the
person’s
34
training
and
certification
and
the
person
does
not
claim
to
35
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be
a
certified
licensed
emergency
medical
care
provider
or
1
use
any
other
term
to
indicate
or
imply
that
the
person
is
a
2
certified
licensed
emergency
medical
care
provider.
3
Sec.
22.
NEW
SECTION
.
147A.17
Applications
for
emergency
4
medical
care
services
training
programs
——
approval
or
denial
——
5
disciplinary
actions.
6
1.
An
Iowa
college
approved
by
the
north
central
association
7
of
colleges
and
schools
or
an
Iowa
hospital
in
this
state
that
8
desires
to
provide
emergency
medical
care
services
training
9
leading
to
licensure
as
an
emergency
medical
care
provider
10
shall
apply
to
the
department
for
authorization
to
establish
a
11
training
program.
12
2.
The
department
shall
approve
an
application
submitted
in
13
accordance
with
subsection
1
when
the
department
is
satisfied
14
that
the
program
proposed
by
the
application
will
be
operated
15
in
compliance
with
this
subchapter
and
the
rules
adopted
16
pursuant
to
this
subchapter.
17
3.
The
department
may
deny
an
application
for
authorization
18
or
may
impose
a
civil
penalty
not
to
exceed
one
thousand
19
dollars
upon,
place
on
probation,
suspend
or
revoke
the
20
authorization
of,
or
otherwise
discipline
a
training
program
21
with
an
existing
authorization
if
the
department
finds
reason
22
to
believe
the
program
has
not
been
or
will
not
be
operated
in
23
compliance
with
this
subchapter
and
the
rules
adopted
pursuant
24
to
this
subchapter,
or
that
there
is
insufficient
assurance
of
25
adequate
protection
for
the
public.
The
authorization
denial,
26
civil
penalty,
period
of
probation,
suspension,
or
revocation,
27
or
other
disciplinary
action
shall
be
effected
and
may
be
28
appealed
as
provided
by
section
17A.12.
29
Sec.
23.
Section
232.68,
subsection
5,
Code
Supplement
30
2009,
is
amended
to
read
as
follows:
31
5.
“Health
practitioner”
includes
a
licensed
physician
32
and
surgeon,
osteopathic
physician
and
surgeon,
dentist,
33
optometrist,
podiatric
physician,
or
chiropractor;
a
resident
34
or
intern
in
any
of
such
professions;
a
licensed
dental
35
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hygienist,
a
registered
nurse
or
licensed
practical
nurse;
a
1
physician
assistant;
and
an
emergency
medical
care
provider
2
certified
licensed
under
section
147A.6.
3
Sec.
24.
Section
272C.1,
subsection
6,
paragraph
ad,
Code
4
Supplement
2009,
is
amended
to
read
as
follows:
5
ad.
The
director
of
public
health
in
6
certifying
licensing
emergency
medical
care
providers
and
7
emergency
medical
care
services
pursuant
to
chapter
147A.
8
Sec.
25.
Section
321.267A,
subsection
5,
Code
2009,
is
9
amended
to
read
as
follows:
10
5.
For
the
purposes
of
this
section,
“other
emergency
11
responder”
means
a
fire
fighter
certified
as
a
fire
fighter
12
I
pursuant
to
rules
adopted
under
chapter
100B
and
trained
13
in
emergency
driving
or
an
emergency
medical
responder
14
certified
care
provider
licensed
under
chapter
147A
and
trained
15
in
emergency
driving.
16
Sec.
26.
Section
724.6,
subsection
2,
Code
Supplement
2009,
17
is
amended
to
read
as
follows:
18
2.
Notwithstanding
subsection
1,
fire
fighters,
as
defined
19
in
section
411.1,
subsection
10,
airport
fire
fighters
included
20
under
section
97B.49B,
emergency
rescue
technicians,
and
21
emergency
medical
care
providers,
as
defined
in
section
147A.1,
22
shall
not,
as
a
condition
of
employment,
be
required
to
obtain
23
a
permit
under
this
section.
However,
the
provisions
of
24
this
subsection
shall
not
apply
to
a
person
designated
as
an
25
arson
investigator
by
the
chief
fire
officer
of
a
political
26
subdivision.
27
EXPLANATION
28
This
bill
provides
for
the
licensure,
rather
than
29
certification,
of
emergency
medical
care
providers.
30
An
emergency
medical
care
provider
is
defined
by
the
bill
31
as
an
individual
trained
to
provide
emergency
and
nonemergency
32
medical
care
as
an
emergency
medical
responder,
emergency
33
medical
technician,
advanced
emergency
medical
technician,
or
34
paramedic.
The
bill
eliminates
definitions
for
and
references
35
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to
“emergency
medical
services
instructor”,
“emergency
rescue
1
technician”,
and
“first
responder”.
The
bill
empowers
the
2
department
of
public
health
to
create
other
levels
of
licensure
3
by
rule.
4
The
bill
adds
a
definition
of
a
service
program,
as
a
5
department-authorized
medical
care
ambulance
service
or
6
nontransport
service.
The
authorization
is
similar
to
a
7
license.
8
The
bill
adds
two
stakeholder
groups
to
the
current
9
EMS
advisory
council,
representing
emergency
medicine
and
10
pediatrics.
11
The
bill
establishes
a
civil
penalty
of
up
to
$1,000
for
12
licensees,
service
programs,
and
training
programs,
if
the
13
department
finds
that
the
licensee
or
program
has
not
been
14
or
will
not
be
operated
in
compliance
with
the
licensing
or
15
authorization
requirements,
or
that
there
is
insufficient
16
assurance
of
adequate
protection
for
the
public.
17
The
bill
establishes
a
procedure
for
the
approval
of
18
training
programs
for
emergency
medical
care
providers.
19
These
programs
must
be
approved
by
the
department,
and
may
20
be
provided
by
an
Iowa
college
approved
by
the
north
central
21
association
of
colleges
and
schools
or
by
an
Iowa
hospital.
22
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