HB 0195 2003
1	A bill to be entitled
2	An act relating to emergency medical dispatch; creating s.
3	768.1335, F.S.; creating the Emergency Medical Dispatch
4	Act; providing definitions; providing immunity from
5	liability for certain persons who use emergency medical
6	dispatch protocols; providing exceptions; amending s.
7	401.111, F.S.; providing for grants to local agencies to
8	support emergency medical dispatch; providing an effective
9	date.
10
11	WHEREAS, emergency medical dispatch programs promote
12	appropriate standards that result in the more effective dispatch
13	of emergency medical services and the saving of lives, and
14	WHEREAS, the dispatcher is the first responder to a medical
15	emergency when someone dials 911 or calls a medical dispatch
16	agency directly, and dispatchers are being recognized nationally
17	as the true first responders to the emergency scene, and
18	WHEREAS, access to the patient is frequently delayed
19	because of the time involved in equipment retrieval, waiting for
20	an elevator, and navigating through traffic, and
21	WHEREAS, a certified emergency medical dispatcher has an
22	immediate response time during which to offer basic instructions
23	to the caller regardless of the emergency medical services
24	response time and is crucial for the delivery and receipt of
25	information to EMS units, and
26	WHEREAS, an emergency medical dispatch program is a key
27	component of a quality EMS system, and
28	WHEREAS, in many parts of the state emergency medical
29	dispatch is the weakest link in the EMS system, and
30	WHEREAS, there is a lack of consistency in the delivery of
31	dispatch life support and medically approved lifesaving
32	prearrival instructions by dispatch offices across the state,
33	and in some areas this service is not available, and
34	WHEREAS, in many dispatch centers dispatchers are
35	performing critical dispatch functions with little training in
36	emergency medical dispatch, and
37	WHEREAS, organizations such as the American Heart
38	Association (AHA), the American College of Emergency Physicians
39	(ACEP), the National Association of Emergency Medical Services
40	Physicians (NAEMSP), the National Institute of Health (NIH), the
41	National Highway Traffic Safety Administration (NHTSA), and the
42	American Society of Testing and Materials (ASTM) have endorsed
43	the development and adoption of standards for emergency medical
44	dispatch, and
45	WHEREAS, a properly trained emergency medical dispatcher
46	significantly improves the quality of care provided by an EMS
47	system because the dispatcher is able to identify the level of
48	need of the caller, including resource allocations and response
49	modes, thus enabling more effective and efficient dispatch of
50	limited response resources; identify situations that might
51	require prearrival instructions; gather information to be
52	relayed to the responding crews to help them better manage and
53	respond to the emergency medical situation upon arrival; and
54	obtain information regarding emergency medical scene safety for
55	the patient, bystanders, and responding personnel, and
56	WHEREAS, as a result of inconsistencies in dispatch
57	centers, many states are now adopting a standard emergency
58	medical dispatch program, and
59	WHEREAS, there is an expectation by the citizens of this
60	state that when they call for emergency medical help, a properly
61	trained dispatcher will handle their call regardless of where
62	they are located in Florida, and
63	WHEREAS, the most successful EMS systems are those that
64	have strong field response times coupled with well-trained
65	emergency medical dispatchers, and
66	WHEREAS, emergency medical dispatch has become a clear
67	standard of care for emergency medical services, NOW, THEREFORE,
68
69	Be It Enacted by the Legislature of the State of Florida:
70
71	Section 1. Section 768.1335, Florida Statutes, is created
72	to read:
73	768.1335 Emergency Medical Dispatch Act; immunity from
74	civil liability.--
75	(1) This section may be known by the popular name the
76	“Emergency Medical Dispatch Act.”
77	(2) As used in this section:
78	(a) “Emergency medical dispatch” means the function of
79	utilizing established emergency medical dispatch protocols for
80	providing prompt and accurate processing of calls for emergency
81	medical assistance.
82	(b) “Emergency medical dispatcher” means a public safety
83	telecommunicator who is trained and certified in the prompt and
84	accurate processing of calls for emergency medical assistance.
85	(c) “Emergency medical dispatch agency” means any private
86	or public safety entity that is responsible for the emergency
87	medical dispatch by emergency medical dispatchers.
88	(d) “Emergency medical dispatch protocol” means guidelines
89	for processing calls for emergency medical assistance or for the
90	dispatching of emergency medical services which are consistent
91	with standards set forth by the American Society for Testing and
92	Materials or the National Highway Traffic Safety Administration
93	and which have been incorporated into an emergency medical
94	dispatch training program.
95	(e) “Harm” means damage or loss of any type, including,
96	but not limited to, physical, nonphysical, economic,
97	noneconomic, actual, compensatory, consequential, incidental,
98	and punitive damages or losses.
99	(3) Notwithstanding any other provision of law to the
100	contrary, and unless otherwise immune under s. 768.28, any
101	emergency medical dispatcher or public safety telecommunicator
102	who utilizes emergency medical dispatch protocols is immune from
103	civil liability for any harm resulting from his or her use of
104	emergency medical dispatch protocols. In addition, any emergency
105	medical dispatch agency, its agents, or its employees are also
106	immune from such liability, if:
107	(a) The harm was not due to the failure of the agency to:
108	1. Properly train their emergency medical dispatchers in
109	an emergency medical dispatch that is consistent with standards
110	set forth by the American Society for Testing and Materials or
111	the National Highway Traffic Safety Administration.
112	2. Implement standard practices and management for
113	emergency medical dispatch or practices that are consistent with
114	the standards set forth by the American Society for Testing and
115	Materials or the National Highway Traffic Safety Administration.
116	3. Utilize standard practices for training, instructor
117	qualification, and certification eligibility of emergency
118	medical dispatchers or standards that are consistent with the
119	American Society for Testing and Materials or the National
120	Highway Traffic Safety Administration.
121	(b) The harm involved was not caused by the public safety
122	telecommunicator’s, the emergency medical dispatcher’s, or the
123	emergency medical dispatch agency’s willful or criminal
124	misconduct, gross negligence, or a conscious, flagrant
125	indifference to or reckless disregard for the rights or safety
126	of the victim who was harmed.
127	Section 2. Section 401.111, Florida Statutes, is amended
128	to read:
129	401.111 Emergency medical services grant program;
130	authority.--The department is hereby authorized to make grants
131	to local agencies and emergency medical services organizations
132	in accordance with any agreement entered into pursuant to this
133	part. These grants shall be designed to assist said agencies and
134	organizations in providing emergency medical services, including
135	emergency medical dispatch. The cost of administering this
136	program shall be paid by the department from funds appropriated
137	to it.
138	Section 3. This act shall take effect September 11, 2003.
139