HB 1461

1	A bill to be entitled
2	An act relating to emergency medical services; amending s.
3	401.113, F.S.; authorizing the expenditure of interest
4	generated from certain grant funds; amending s. 401.27,
5	F.S.; authorizing the Department of Health to accept
6	electronically submitted applications from emergency
7	medical technician and paramedic applicants; removing the
8	oath requirement for certain certifications; requiring
9	department rules to include a procedure for recognizing
10	cardiopulmonary resuscitation and advanced cardiac life
11	support course equivalency; removing temporary
12	certification provisions; removing obsolete language;
13	limiting the class of people who may receive limited
14	certification; removing the requirement for the department
15	to adopt a state insignia; creating s. 401.27001, F.S.;
16	providing criminal history check application requirements
17	for certain certifications; providing duties of the
18	Department of Health, the Department of Law Enforcement,
19	and the Division of State Fire Marshal; requiring
20	statewide and national criminal history checks; specifying
21	provisions of law violations that exclude persons from
22	certification; authorizing the Department of Health to
23	grant exemptions under certain circumstances; providing
24	criteria, requirements, and limitations; providing
25	exceptions; requiring the department to adopt rules;
26	amending s. 401.2701, F.S.; providing an additional
27	student advisement requirement for certain institutional
28	emergency medical services training programs; requiring
29	the Department of Health to adopt rules; providing an
30	effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Paragraph (d) is added to subsection (2) of
35	section 401.113, Florida Statutes, to read:
36	401.113  Department; powers and duties.--
37	(2)  The department shall annually dispense funds contained
38	in the Emergency Medical Services Trust Fund as follows:
39	(d)  Notwithstanding any other provisions of law, any
40	interest generated from grant funds may be expended by the
41	grantee on the budget items approved by the department. However,
42	grantees receiving funds that require a match may not expend
43	interest earnings until all match requirements have been met.
44	Grantees shall return to the department any interest earned on
45	grant funds not expended at the conclusion of the grant period.
46	All such returned funds shall be used by the department for
47	additional matching grant awards.
48	Section 2.  Section 401.27, Florida Statutes, is amended to
49	read:
50	401.27  Personnel; standards and certification.--
51	(1)  Each permitted ambulance not specifically exempted
52	from this part, when transporting a person who is sick, injured,
53	wounded, incapacitated, or helpless, must be occupied by at
54	least two persons, one of whom must be a certified emergency
55	medical technician, certified paramedic, or licensed physician
56	and one of whom must be a driver who meets the requirements for
57	ambulance drivers. This subsection does not apply to
58	interfacility transfers governed by s. 401.252(1).
59	(2)  The department shall establish by rule educational and
60	training criteria and examinations for the certification and
61	recertification of emergency medical technicians and paramedics.
62	Such rules must require, but need not be limited to:
63	(a)  For emergency medical technicians, proficiency in
64	techniques identified in s. 401.23(7) and in rules of the
65	department.
66	(b)  For paramedics, proficiency in techniques identified
67	in s. 401.23(1) and in rules of the department.
68	(3)  Any person who desires to be certified or recertified
69	as an emergency medical technician or paramedic must apply to
70	the department under oath on forms provided by the department
71	which shall contain such information as the department
72	reasonably requires, which may include affirmative evidence of
73	ability to comply with applicable laws and rules. The department
74	may accept electronically submitted applications. If an
75	application is submitted electronically, the department may
76	require that supplemental materials be submitted in a
77	nonelectronic format, including an original signature of the
78	applicant and documentation verifying eligibility for
79	certification. The department shall determine whether the
80	applicant meets the requirements specified in this section and
81	in rules of the department and shall issue a certificate to any
82	person who meets such requirements.
83	(4)  An applicant for certification or recertification as
84	an emergency medical technician or paramedic must:
85	(a)  Have completed an appropriate training course as
86	follows:
87	1.  For an emergency medical technician, an emergency
88	medical technician training course equivalent to the most recent
89	emergency medical technician basic training course of the United
90	States Department of Transportation as approved by the
91	department.;
92	2.  For a paramedic, a paramedic training program
93	equivalent to the most recent paramedic course of the United
94	States Department of Transportation as approved by the
95	department.;
96	(b)  Certify under oath that he or she is not addicted to
97	alcohol or any controlled substance.;
98	(c)  Certify under oath that he or she is free from any
99	physical or mental defect or disease that might impair the
100	applicant's ability to perform his or her duties.;
101	(d)  Within 1 year after course completion have passed an
102	examination developed or required by the department.;
103	(e)1.  For an emergency medical technician, hold either a
104	current American Heart Association cardiopulmonary resuscitation
105	course card or an American Red Cross cardiopulmonary
106	resuscitation course card or its equivalent as defined by
107	department rule.;
108	2.  For a paramedic, hold a certificate of successful
109	course completion in advanced cardiac life support from the
110	American Heart Association or its equivalent as defined by
111	department rule.
112
113	The rules shall include, but not be limited to, the procedure
114	for recognition of advanced cardiac life support course
115	equivalency as determined by the Continuing Education
116	Coordinating Board for Emergency Medical Services.;
117	(f)  Submit the certification fee and the nonrefundable
118	examination fee prescribed in s. 401.34, which examination fee
119	will be required for each examination administered to an
120	applicant.; and
121	(g)  Submit a completed application to the department,
122	which application documents compliance with paragraphs (a), (b),
123	(c), (e), (f), (g), and, if applicable, (d). The application
124	must be submitted so as to be received by the department at
125	least 30 calendar days before the next regularly scheduled
126	examination for which the applicant desires to be scheduled.
127	(5)  The certification examination must be offered monthly.
128	The department shall issue an examination admission notice to
129	the applicant advising him or her of the time and place of the
130	examination for which he or she is scheduled. Individuals
131	achieving a passing score on the certification examination may
132	be issued a temporary certificate with their examination grade
133	report. The department must issue an original certification
134	within 45 days after the examination. Examination questions and
135	answers are not subject to discovery but may be introduced into
136	evidence and considered only in camera in any administrative
137	proceeding under chapter 120. If an administrative hearing is
138	held, the department shall provide challenged examination
139	questions and answers to the administrative law judge. The
140	department shall establish by rule the procedure by which an
141	applicant, and the applicant's attorney, may review examination
142	questions and answers in accordance with s. 119.07(3)(a).
143	(6)(a)  The department shall establish by rule a procedure
144	for biennial renewal certification of emergency medical
145	technicians and paramedics.
146	(a)  For emergency medical technicians, such rules must
147	require a United States Department of Transportation refresher
148	training program of at least 30 hours as approved by the
149	department every 2 years. The refresher program may be offered
150	in multiple presentations spread over the 2-year period. The
151	rules must also provide that the refresher course requirement
152	may be satisfied by passing a challenge examination.
153	(b)  The department shall establish by rule a procedure For
154	biennial renewal certification of paramedics,. such rules must
155	require candidates for renewal to have taken at least 30 hours
156	of continuing education units during the 2-year period. The
157	rules must provide that the continuing education requirement may
158	be satisfied by passing a challenge examination.
159	(7)  A physician, dentist, or registered nurse may be
160	certified as a paramedic if the physician, dentist, or
161	registered nurse is certified in this state as an emergency
162	medical technician, has passed the required emergency medical
163	technician curriculum, has successfully completed an advanced
164	cardiac life support course, has passed the examination for
165	certification as a paramedic, and has met other certification
166	requirements specified by rule of the department. A physician,
167	dentist, or registered nurse so certified must be recertified
168	under this section.
169	(8)  Each emergency medical technician certificate and each
170	paramedic certificate will expire automatically and may be
171	renewed if the holder meets the qualifications for renewal as
172	established by the department. A certificate that is not renewed
173	at the end of the 2-year period will automatically revert to an
174	inactive status for a period not to exceed 180 days. Such
175	certificate may be reactivated and renewed within the 180 days
176	if the certificateholder meets all other qualifications for
177	renewal and pays a $25 late fee. Reactivation shall be in a
178	manner and on forms prescribed by department rule. The holder of
179	a certificate that expired on December 1, 1996, has until
180	September 30, 1997, to reactivate the certificate in accordance
181	with this subsection.
182	(9)  The department may suspend or revoke a certificate at
183	any time if it determines that the holder does not meet the
184	applicable qualifications.
185	(10)  The department may provide by rule for physically
186	disabled persons to take and be provided with the results of the
187	written portion of the emergency medical technician
188	certification examination or paramedic certification
189	examination. However, such persons may not receive any special
190	assistance in completing the examination. A physically disabled
191	An individual who achieves a passing grade on the emergency
192	medical technician certification examination or paramedic
193	certification examination may be issued a limited emergency
194	medical technician certificate or a limited paramedic
195	certificate. An individual issued a limited certificate may not
196	perform patient care or treatment activities.
197	(11)(a)  A certificateholder may request that his or her
198	emergency medical technician certificate or paramedic
199	certificate be placed on inactive status by applying to the
200	department before his or her current certification expires and
201	paying a fee set by the department not to exceed $50.
202	(a)(b)1.  A certificateholder whose certificate has been on
203	inactive status for 1 year or less following the date his or her
204	emergency medical technician certificate or paramedic
205	certificate expired may renew his or her certificate pursuant to
206	the rules adopted by the department and upon payment of a late
207	renewal fee set by the department not to exceed $100.
208	(b)2.  A certificateholder whose certificate has been on
209	inactive status for more than 1 year may renew his or her
210	certificate pursuant to rules adopted by the department. To
211	renew, the certificateholder must pass the certification
212	examination and complete continuing education requirements and a
213	field internship.
214	(c)  A certificate which has been inactive for more than 6
215	years automatically expires and may not be reinstated.
216	(12)  An applicant for certification who is an out-of-state
217	certified or military trained emergency medical technician or
218	paramedic must provide proof of current emergency medical
219	technician or paramedic certification or registration based upon
220	successful completion of the United States Department of
221	Transportation emergency medical technician or paramedic
222	training curriculum and hold a current certificate of successful
223	course completion in cardiopulmonary resuscitation (CPR) or
224	advanced cardiac life support for emergency medical technicians
225	or paramedics, respectively, to be eligible for the
226	certification examination. The applicant must successfully
227	complete the certification examination within 1 year after the
228	date of the receipt of his or her application by the department.
229	After 1 year, the applicant must submit a new application, meet
230	all eligibility requirements, and submit all fees to reestablish
231	eligibility to take the certification examination.
232	(13)  The department shall adopt a standard state insignia
233	For emergency medical technicians and paramedics who wear. The
234	department shall establish by rule the requirements to display
235	the state emergency medical technician and paramedic insignia.
236	The rules may not require a person to wear the standard insignia
237	but must require that if a person wears any insignia that
238	identifies the person as a certified emergency medical
239	technician or paramedic in this state, the insignia must be the
240	standard state insignia adopted under this section. The insignia
241	must denote the individual's level of certification at which he
242	or she is functioning.
243	Section 3.  Section 401.27001, Florida Statutes, is created
244	to read:
245	401.27001  Criminal history checks.--
246	(1)  An applicant for initial certification under this
247	section must submit information and a set of fingerprints to the
248	department on a form and under procedures specified by the
249	department, together with payment in an amount equal to the costs
250	incurred by the department for a statewide criminal history check
251	and a national criminal history check of the applicant.
252	(2)  An applicant for renewed certification who has not
253	previously submitted a set of fingerprints to the department must
254	submit information required to perform a statewide criminal
255	history check and a set of fingerprints to the department for a
256	national criminal history check as a condition of the initial
257	renewal of his or her certificate after July 1, 2004. The
258	applicant must submit the fingerprints on a form and under
259	procedures specified by the department for a national criminal
260	history check, along with payment in an amount equal to the costs
261	incurred by the department. For subsequent renewals, the
262	department shall, by rule, adopt an application form that
263	includes an oath or affirmation attesting to the existence of any
264	criminal convictions, regardless of plea or adjudication, which
265	have occurred since the previous certification. If there has been
266	a criminal conviction, the provisions of this section shall
267	apply. The department shall notify current certificateholders of
268	their requirement to undergo a criminal history check
269	sufficiently in advance of the 2004 biennial expiration for the
270	certificateholder to provide the required information prior to
271	submission of the renewal certification application. Eligibility
272	for renewal may not be denied by the department for the first
273	renewal application subsequent to enactment of this subsection
274	for delays created in obtaining the criminal history from the
275	Department of Law Enforcement, the Federal Bureau of
276	Investigation, or the Division of State Fire Marshal if the
277	applicant has submitted the required criminal history check
278	information or affidavit and fees with the renewal certification
279	application. A certificate that expires on December 1, 2004, may
280	be renewed subject to withdrawal of certification pending the
281	department?s determination of whether the certificateholder will
282	be granted an exemption as provided in subsection (8). The
283	applicant must make timely application for renewal and request
284	the exemption from denial prior to expiration of the certificate.
285	(3)  Pursuant to the requirements of s. 120.60, applications
286	for certification must be processed within 90 days after receipt
287	of a completed application. Applications for certification are
288	not complete until the criminal history checks and certified
289	copies of all court documents for those applications with prior
290	criminal convictions, pursuant to this section, have been
291	received by the department.
292	(4)  The department shall submit the fingerprints and
293	information required for a statewide criminal history check to
294	the Department of Law Enforcement, and the Department of Law
295	Enforcement shall forward the fingerprints to the Federal Bureau
296	of Investigation for a national criminal history check of the
297	applicant.
298	(5)  If an applicant has undergone a criminal history check
299	as a condition of employment or certification as a firefighter
300	under s. 633.34, the Division of State Fire Marshal of the
301	Department of Financial Services shall provide the criminal
302	history information regarding the applicant seeking certification
303	or renewal of certification under this section to the department.
304	Any applicant for initial certification or renewal of
305	certification who has already submitted a set of fingerprints and
306	information to the Division of State Fire Marshal of the
307	Department of Financial Services for the criminal history check
308	required for employment and certification of firefighters under
309	s. 633.34 within 2 years prior to application under this section
310	is not required to provide to the department a subsequent set of
311	fingerprints or other duplicate information required for a
312	criminal history check if the applicant submits an affidavit in a
313	form prescribed by the department attesting that he or she has
314	been a state resident for the previous 2 years.
315	(6)  Notwithstanding the grounds for certification denial
316	outlined in s. 401.411, an applicant must not have been found
317	guilty of, regardless of plea or adjudication, any offense
318	prohibited under any of the following provisions or under any
319	similar statute of another jurisdiction:
320	(a)  Section 415.111, relating to abuse, neglect, or
321	exploitation of a vulnerable adult.
322	(b)  Section 782.04, relating to murder.
323	(c)  Section 782.07, relating to manslaughter, aggravated
324	manslaughter of an elderly person or disabled adult, or
325	aggravated manslaughter of a child.
326	(d)  Section 782.071, relating to vehicular homicide.
327	(e)  Section 782.09, relating to killing of an unborn child
328	by injury to the mother.
329	(f)  Section 784.011, relating to assault, if the victim of
330	the offense was a minor.
331	(g)  Section 784.021, relating to aggravated assault.
332	(h)  Section 784.03, relating to battery, if the victim of
333	the offense was a minor.
334	(i)  Section 784.045, relating to aggravated battery.
335	(j)  Section 787.01, relating to kidnapping.
336	(k)  Section 787.02, relating to false imprisonment.
337	(l)  Section 794.011, relating to sexual battery.
338	(m)  Former s. 794.041, relating to prohibited acts of
339	persons in familial or custodial authority.
340	(n)  Chapter 796, relating to prostitution.
341	(o)  Section 798.02, relating to lewd and lascivious
342	behavior.
343	(p)  Chapter 800, relating to lewdness and indecent
344	exposure.
345	(q)  Section 806.01, relating to arson.
346	(r)  Chapter 812, relating to theft, robbery, and related
347	crimes, only if the offense was a felony.
348	(s)  Section 817.563, relating to fraudulent sale of
349	controlled substances, only if the offense was a felony.
350	(t)  Section 825.102, relating to abuse, aggravated abuse,
351	or neglect of an elderly person or disabled adult.
352	(u)  Section 825.1025, relating to lewd or lascivious
353	offenses committed upon or in the presence of an elderly person
354	or disabled adult.
355	(v)  Section 825.103, relating to exploitation of an elderly
356	person or disabled adult, if the offense was a felony.
357	(w)  Section 826.04, relating to incest.
358	(x)  Section 827.03, relating to child abuse, aggravated
359	child abuse, or neglect of a child.
360	(y)  Section 827.04, relating to contributing to the
361	delinquency or dependency of a child.
362	(z)  Former s. 827.05, relating to negligent treatment of
363	children.
364	(aa)  Section 827.071, relating to sexual performance by a
365	child.
366	(bb)  Chapter 847, relating to obscene literature.
367	(cc)  Chapter 893, relating to drug abuse prevention and
368	control, only if the offense was a felony or if any other person
369	involved in the offense was a minor.
370	(dd)  An act that constitutes domestic violence, as defined
371	in s. 741.28.
372	(7)  The department may grant to any applicant who would
373	otherwise be denied certification or recertification under
374	subsection (6) an exemption from that denial for:
375	(a)  Felonies committed more than 3 years prior to the date
376	of disqualification;
377	(b)  Misdemeanors prohibited under any provision of law
378	cited in subsection (6) or under similar statutes of other
379	jurisdictions;
380	(c)  Offenses that were felonies when committed but that are
381	now misdemeanors;
382	(d)  Findings of delinquency; or
383	(e)  Commissions of acts of domestic violence as defined in
384	s. 741.28.
385	(8)  For the department to grant an exemption to any
386	applicant under this section, the applicant must demonstrate by
387	clear and convincing evidence that the applicant should not be
388	disqualified from certification or renewed certification.
389	Applicants seeking an exemption have the burden of setting forth
390	sufficient evidence of rehabilitation, including, but not limited
391	to, the circumstances surrounding the criminal incident for which
392	an exemption is sought, the time period that has elapsed since
393	the incident, the nature of the harm caused to the victim, and
394	the history of the applicant since the incident, or any other
395	evidence or circumstances indicating that the applicant will not
396	present a danger if the certification or renewed certification is
397	granted. To make the necessary demonstration, the applicant must
398	request an exemption and submit the required information
399	supporting such request at the time of application in order for
400	the department to make a determination in accordance with this
401	section.
402	(9)  Denial of certification or renewed certification under
403	subsection (6) may not be removed from, nor may an exemption be
404	granted to, any applicant who is found guilty of, regardless of
405	plea or adjudication, any felony under subsection (6) solely by
406	reason of any pardon, executive clemency, or restoration of civil
407	rights.
408	(10)  If an applicant has undergone a criminal history check
409	as a condition of employment or licensing under any Florida
410	statute within 2 years prior to application under this section,
411	the applicant may submit a copy of the official Florida criminal
412	history record and national criminal history record produced
413	under that requirement in lieu of the fingerprint card required
414	in subsections (1) and (2). The department shall determine if the
415	submission meets its requirements and, if not, the applicant
416	shall be required to comply with the provisions of this section.
417	The department may share criminal history check information with
418	local, state, and federal agencies for purposes of licensing or
419	employment history checks.
420	(11)  The department shall adopt rules pursuant to chapter
421	120 to implement this section.
422	Section 4.  Paragraph (a) of subsection (1) of section
423	401.2701, Florida Statutes, is amended to read:
424	401.2701  Emergency medical services training programs.--
425	(1)  Any private or public institution in Florida desiring
426	to conduct an approved program for the education of emergency
427	medical technicians and paramedics shall:
428	(a)  Submit a completed application on a form provided by
429	the department, which must include:
430	1.  Evidence that the institution is in compliance with all
431	applicable requirements of the Department of Education.
432	2.  Evidence of an affiliation agreement with a hospital
433	that has an emergency department staffed by at least one
434	physician and one registered nurse.
435	3.  Evidence of an affiliation agreement with a current
436	Florida-licensed emergency medical services provider. Such
437	agreement shall include, at a minimum, a commitment by the
438	provider to conduct the field experience portion of the
439	education program.
440	4.  Documentation verifying faculty, including:
441	a.  A medical director who is a licensed physician meeting
442	the applicable requirements for emergency medical services
443	medical directors as outlined in this chapter and rules of the
444	department. The medical director shall have the duty and
445	responsibility of certifying that graduates have successfully
446	completed all phases of the education program and are proficient
447	in basic or advanced life support techniques, as applicable.
448	b.  A program director responsible for the operation,
449	organization, periodic review, administration, development, and
450	approval of the program.
451	5.  Documentation verifying that the curriculum:
452	a.  Meets the course guides and instructor's lesson plans
453	in the most recent Emergency Medical Technician-Basic National
454	Standard Curricula for emergency medical technician programs and
455	Emergency Medical Technician-Paramedic National Standard
456	Curricula for paramedic programs.
457	b.  Includes 2 hours of instruction on the trauma scorecard
458	methodologies for assessment of adult trauma patients and
459	pediatric trauma patients as specified by the department by
460	rule.
461	c.  Includes 4 hours of instruction on HIV/AIDS training
462	consistent with the requirements of chapter 381.
463	d.  Advises students at the initiation of the training
464	program of the certification and regulatory requirements of this
465	chapter, including, but not limited to, the criminal history
466	checks required for initial and renewal certification under s.
467	401.27001. The department shall prescribe by rule the required
468	content of this component of the training program.
469	6.  Evidence of sufficient medical and educational
470	equipment to meet emergency medical services training program
471	needs.
472	Section 5.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.