HB 0195 2003
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to emergency medical dispatch; creating s.
12	768.1335, F.S.; creating the Emergency Medical Dispatch
13	Act; providing definitions; providing a presumption of
14	nonnegligence for certain persons who use emergency
15	dispatch protocols; providing exceptions; amending s.
16	401.111, F.S.; providing for grants to local agencies to
17	support emergency medical dispatch; providing an effective
18	date.
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20	WHEREAS, emergency medical dispatch programs promote
21	appropriate standards that result in the more effective dispatch
22	of emergency medical services and the saving of lives, and
23	WHEREAS, the dispatcher is the first responder to a medical
24	emergency when someone dials 911 or calls a medical dispatch
25	agency directly, and dispatchers are being recognized nationally
26	as the true first responders to the emergency scene, and
27	WHEREAS, an emergency medical dispatcher has an immediate
28	response time during which to offer basic instructions to the
29	caller regardless of the emergency medical services response
30	time and is crucial for the delivery and receipt of information
31	to EMS units, and
32	WHEREAS, an emergency medical dispatch program is a key
33	component of a quality EMS system, and
34	WHEREAS, organizations such as the American Heart
35	Association (AHA), the American College of Emergency Physicians
36	(ACEP), the National Association of Emergency Medical Services
37	Physicians (NAEMSP), the National Institute of Health (NIH), the
38	National Highway Traffic Safety Administration (NHTSA), and the
39	American Society of Testing and Materials (ASTM) have endorsed
40	the development and adoption of standards for emergency medical
41	dispatch, and
42	WHEREAS, a properly trained emergency medical dispatcher
43	significantly improves the quality of care provided by an EMS
44	system because the dispatcher is able to identify the level of
45	need of the caller, including resource allocations and response
46	modes, thus enabling more effective and efficient dispatch of
47	limited response resources; identify situations that might
48	require prearrival instructions; gather information to be
49	relayed to the responding crews to help them better manage and
50	respond to the emergency medical situation upon arrival; and
51	obtain information regarding emergency medical scene safety for
52	the patient, bystanders, and responding personnel, and
53	WHEREAS, many states are now adopting a standard emergency
54	medical dispatch program, and
55	WHEREAS, the most successful EMS systems are those that
56	have strong field response times coupled with well-trained
57	emergency medical dispatchers, NOW, THEREFORE,
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59	Be It Enacted by the Legislature of the State of Florida:
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61	Section 1. Section 768.1335, Florida Statutes, is created
62	to read:
63	768.1335 Emergency Medical Dispatch Act; presumption.--
64	(1) This section may be known by the popular name the
65	“Emergency Medical Dispatch Act.”
66	(2) As used in this section:
67	(a) “Emergency medical dispatch” means the function of
68	utilizing emergency medical dispatch protocols.
69	(b) “Emergency medical dispatcher” means a person who is
70	trained or certified in the prompt and accurate processing of
71	calls for emergency medical assistance.
72	(c) “Emergency medical dispatch agency” means any private
73	or public entity that is responsible for the emergency medical
74	dispatch by emergency medical dispatchers.
75	(d) “Emergency medical dispatch protocol” means guidelines
76	for processing calls for emergency medical assistance or for the
77	dispatching of emergency medical services in a prehospital
78	setting which are substantially similar to standards set forth
79	by the American Society for Testing and Materials or the
80	National Highway Traffic Safety Administration and which have
81	been incorporated into an emergency medical dispatch training
82	program.
83	(3) Notwithstanding any other provision of law to the
84	contrary, and unless otherwise immune under s. 768.28, any
85	emergency medical dispatcher or the emergency medical dispatch
86	agency, its agents, or its employees who utilize emergency
87	medical dispatch protocols are presumed not to have acted
88	negligently regarding any injuries or damages resulting from the
89	use of emergency medical dispatch protocols, if the emergency
90	medical dispatcher or the emergency medical dispatch agency, its
91	agents, or its employees:
92	(a) Properly trained their emergency medical dispatchers
93	in an emergency medical dispatch that is substantially similar
94	to standards set forth by the American Society for Testing and
95	Materials or the National Highway Traffic Safety Administration.
96	(b) Implemented standard practices and management for
97	emergency medical dispatch or practices that are substantially
98	similar to standards set forth by the American Society for
99	Testing and Materials or the National Highway Traffic Safety
100	Administration.
101	(c) Utilized standard practices for training, instructor
102	qualification, and certification eligibility of emergency
103	medical dispatchers or practices that are substantially similar
104	to standards set forth by the American Society for Testing and
105	Materials or the National Highway Traffic Safety Administration.
106	Section 2. Section 401.111, Florida Statutes, is amended
107	to read:
108	401.111 Emergency medical services grant program;
109	authority.--The department is hereby authorized to make grants
110	to local agencies and emergency medical services organizations
111	in accordance with any agreement entered into pursuant to this
112	part. These grants shall be designed to assist said agencies and
113	organizations in providing emergency medical services, including
114	emergency medical dispatch. The cost of administering this
115	program shall be paid by the department from funds appropriated
116	to it.
117	Section 3. This act shall take effect September 11, 2003.