Florida Senate - 2018                                    SB 1796
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-01158-18                                           20181796__
    1                        A bill to be entitled                      
    2         An act relating to emergency medical services;
    3         amending s. 401.23, F.S.; defining and redefining
    4         terms; amending s. 401.272, F.S.; authorizing a
    5         paramedic or an emergency medical technician to
    6         provide alternative treatment options to certain
    7         patients in a nonemergency setting; authorizing the
    8         department to adopt and enforce rules related to such
    9         treatment; amending s. 401.35, F.S.; revising
   10         requirements for rules adopted by the Department of
   11         Health governing minimum standards for ambulance
   12         equipment and supplies and ambulance and vehicle
   13         design and construction; requiring the department to
   14         adopt rules governing the use of telemedicine by
   15         certain licensees; amending s. 401.445, F.S.;
   16         providing immunity from liability for certain
   17         individuals who provide emergency examination and
   18         treatment of an incapacitated patient under the
   19         supervision of specified medical professionals;
   20         amending ss. 14.33, 252.515, 395.1027, and 401.245,
   21         F.S.; conforming cross-references; providing an
   22         effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsections (1) and (7) of section 401.23,
   27  Florida Statutes, are amended, present subsections (11) through
   28  (21) of that section are renumbered as subsections (12) through
   29  (23), respectively, and new subsections (11) and (18) are added
   30  to that section, and present subsections (11), (17), and (19) of
   31  that section are amended, to read:
   32         401.23 Definitions.—As used in this part, the term:
   33         (1) “Advanced life support” means assessment or treatment
   34  by a person qualified under this part through the use of
   35  techniques such as endotracheal intubation, the administration
   36  of drugs or intravenous fluids, telemetry, cardiac monitoring,
   37  cardiac defibrillation, and other techniques described in the
   38  EMT-Paramedic National Standard Curriculum or the National EMS
   39  Education Standards of the United States Department of
   40  Transportation for the paramedic level or other techniques
   41  approved by the medical director, pursuant to department rule
   42  rules of the department.
   43         (7) “Basic life support” means the assessment or treatment
   44  by a person qualified under this part through the use of
   45  techniques described in the EMT-Basic National Standard
   46  Curriculum or the National EMS Education Standards of the United
   47  States Department of Transportation and approved by the
   48  department or other techniques approved by the medical director.
   49  The term includes the administration of oxygen and other
   50  techniques that have been approved and are performed under
   51  conditions specified by rules of the department.
   52         (11)“Emergency” means a situation in which a person has a
   53  medical condition manifesting itself by acute symptoms of
   54  sufficient severity, which may include severe pain, such that
   55  the absence of immediate medical attention could reasonably be
   56  expected to jeopardize a person’s health or result in serious
   57  impairment to bodily functions or serious dysfunction of any
   58  bodily organ or part.
   59         (12)(11) “Emergency medical technician” means a person who
   60  is certified by the department to perform basic life support in
   61  emergency and nonemergency environments pursuant to this part.
   62         (18)“Nonemergency” means a situation identified as such by
   63  medical direction which does not require immediate action or
   64  transport to an emergency department and is documented in
   65  protocols, standing orders, or medical guidelines.
   66         (19)(17) “Paramedic” means a person who is certified by the
   67  department to perform basic and advanced life support in an
   68  emergency or nonemergency environment pursuant to this part.
   69         (21)(19) “Physician” means a practitioner who is licensed
   70  under the provisions of chapter 458 or chapter 459. For the
   71  purpose of providing medical direction as defined in
   72  subsection (15) (14) for the treatment of patients immediately
   73  before prior to or during transportation to a United States
   74  Department of Veterans Affairs medical facility, “physician”
   75  also means a practitioner employed by the United States
   76  Department of Veterans Affairs.
   77         Section 2. Subsections (1), (2), and (4) of section
   78  401.272, Florida Statutes, are amended to read:
   79         401.272 Emergency medical services community health care.—
   80         (1) The purpose of this section is to decrease
   81  inappropriate use of emergency department services and encourage
   82  more effective use utilization of the skills of emergency
   83  medical technicians and paramedics by enabling them to perform,
   84  in partnership with local county health departments, specific
   85  additional health care tasks that are consistent with the public
   86  health and welfare.
   87         (2) Notwithstanding any other provision of law to the
   88  contrary:
   89         (a) Paramedics or emergency medical technicians may provide
   90  alternative treatment options to nonemergency and urgent care
   91  patients in a nonemergency setting, including, but not limited
   92  to, perform health promotion and wellness activities and blood
   93  pressure screenings in a nonemergency environment, within the
   94  scope of their training, and under the direction of a medical
   95  director. As used in this paragraph, the term “health promotion
   96  and wellness” means the provision of public health programs
   97  pertaining to the prevention or reduction of illness and injury.
   98         (b) Paramedics may administer immunizations in a
   99  nonemergency environment, within the scope of their training,
  100  and under the direction of a medical director. There must be a
  101  written agreement between the paramedic’s medical director and
  102  the county health department located in each county in which the
  103  paramedic administers immunizations. This agreement must
  104  establish the protocols, policies, and procedures under which
  105  the paramedic must operate.
  106         (4) The department may adopt and enforce all rules
  107  necessary to enforce the provisions relating to a paramedic’s
  108  administration of immunizations and the provision of alternative
  109  treatment options to nonemergency and urgent care patients in a
  110  nonemergency setting, including, but not limited to, performance
  111  of health promotion and wellness activities and blood pressure
  112  screenings by a paramedic or emergency medical technician in a
  113  nonemergency environment.
  114         Section 3. Paragraphs (c), (d), and (k) of subsection (1)
  115  of section 401.35, Florida Statutes, are amended to read:
  116         401.35 Rules.—The department shall adopt rules, including
  117  definitions of terms, necessary to carry out the purposes of
  118  this part.
  119         (1) The rules must provide at least minimum standards
  120  governing:
  121         (c) Ground Ambulance and emergency medical services vehicle
  122  equipment and supplies required by the medical director of the
  123  licensee to provide basic and advanced life support services at
  124  least as comprehensive as those published in the most current
  125  edition of the American College of Surgeons, Committee on
  126  Trauma, list of essential equipment for ambulances, as
  127  interpreted by rules of the department.
  128         (d) Ground ambulance or vehicle design and construction
  129  based on national standards in effect on the date the rule is
  130  adopted and at least equal to those most currently recommended
  131  by the United States General Services Administration as
  132  interpreted by rules of the department.
  133         (k) Optional use of telemetry and telemedicine by
  134  licensees.
  135         Section 4. Subsection (1) of section 401.445, Florida
  136  Statutes, is amended to read:
  137         401.445 Emergency examination and treatment of
  138  incapacitated persons.—
  139         (1) No recovery is shall be allowed in any court in this
  140  state against any emergency medical technician, paramedic, or
  141  physician as defined in this chapter, any advanced registered
  142  nurse practitioner certified under s. 464.012, or any physician
  143  assistant licensed under s. 458.347 or s. 459.022, or any person
  144  acting under the direct medical supervision of any a physician,
  145  emergency medical technician, paramedic, advanced registered
  146  nurse practitioner, or physician assistant in an action brought
  147  for examining or treating a patient without his or her informed
  148  consent if:
  149         (a) The patient at the time of examination or treatment is
  150  intoxicated, under the influence of drugs, or otherwise
  151  incapable of providing informed consent as provided in s.
  152  766.103;
  153         (b) The patient at the time of examination or treatment is
  154  experiencing an emergency medical condition; and
  155         (c) The patient would reasonably, under all the surrounding
  156  circumstances, undergo such examination, treatment, or procedure
  157  if he or she were advised by the emergency medical technician,
  158  paramedic, physician, advanced registered nurse practitioner, or
  159  physician assistant in accordance with s. 766.103(3).
  160  
  161  Examination and treatment provided under this subsection shall
  162  be limited to reasonable examination of the patient to determine
  163  the medical condition of the patient and treatment reasonably
  164  necessary to alleviate the emergency medical condition or to
  165  stabilize the patient.
  166         Section 5. Subsection (1) of section 14.33, Florida
  167  Statutes, is amended to read:
  168         14.33 Medal of Heroism.—
  169         (1) The Governor may award a Medal of Heroism of
  170  appropriate design, with ribbons and appurtenances, to a law
  171  enforcement, correctional, or correctional probation officer, as
  172  defined in s. 943.10(14); a firefighter, as defined in s.
  173  112.191(1)(b); an emergency medical technician, as defined in s.
  174  401.23 s. 401.23(11); or a paramedic, as defined in s. 401.23 s.
  175  401.23(17). A recipient must have distinguished himself or
  176  herself conspicuously by gallantry and intrepidity, must have
  177  risked his or her life deliberately above and beyond the call of
  178  duty while performing duty in his or her respective position,
  179  and must have engaged in hazardous or perilous activities to
  180  preserve lives with the knowledge that such activities might
  181  result in great personal harm.
  182         Section 6. Paragraph (a) of subsection (3) of section
  183  252.515, Florida Statutes, is amended to read:
  184         252.515 Postdisaster Relief Assistance Act; immunity from
  185  civil liability.—
  186         (3) As used in this section, the term:
  187         (a) “Emergency first responder” means:
  188         1. A physician licensed under chapter 458.
  189         2. An osteopathic physician licensed under chapter 459.
  190         3. A chiropractic physician licensed under chapter 460.
  191         4. A podiatric physician licensed under chapter 461.
  192         5. A dentist licensed under chapter 466.
  193         6. An advanced registered nurse practitioner certified
  194  under s. 464.012.
  195         7. A physician assistant licensed under s. 458.347 or s.
  196  459.022.
  197         8. A worker employed by a public or private hospital in the
  198  state.
  199         9. A paramedic as defined in s. 401.23 s. 401.23(17).
  200         10. An emergency medical technician as defined in s. 401.23
  201  s. 401.23(11).
  202         11. A firefighter as defined in s. 633.102.
  203         12. A law enforcement officer as defined in s. 943.10.
  204         13. A member of the Florida National Guard.
  205         14. Any other personnel designated as emergency personnel
  206  by the Governor pursuant to a declared emergency.
  207         Section 7. Subsection (5) of section 395.1027, Florida
  208  Statutes, is amended to read:
  209         395.1027 Regional poison control centers.—
  210         (5) By October 1, 1999, each regional poison control center
  211  shall develop a prehospital emergency dispatch protocol with
  212  each licensee as defined in s. 401.23 by s. 401.23(13) in the
  213  geographic area covered by the regional poison control center.
  214  The prehospital emergency dispatch protocol shall be developed
  215  by each licensee’s medical director in conjunction with the
  216  designated regional poison control center responsible for the
  217  geographic area in which the licensee operates. The protocol
  218  shall define toxic substances and describe the procedure by
  219  which the designated regional poison control center may be
  220  consulted by the licensee. If a call is transferred to the
  221  designated regional poison control center in accordance with the
  222  protocol established under this section and s. 401.268, the
  223  designated regional poison control center shall assume
  224  responsibility and liability for the call.
  225         Section 8. Paragraph (b) of subsection (2) of section
  226  401.245, Florida Statutes, is amended to read:
  227         401.245 Emergency Medical Services Advisory Council.—
  228         (2)
  229         (b) Representation on the Emergency Medical Services
  230  Advisory Council shall include: two licensed physicians who are
  231  medical directors as defined in s. 401.23 s. 401.23(15) or
  232  whose medical practice is closely related to emergency medical
  233  services; two emergency medical service administrators, one of
  234  whom is employed by a fire service; two certified paramedics,
  235  one of whom is employed by a fire service; two certified
  236  emergency medical technicians, one of whom is employed by a fire
  237  service; one emergency medical services educator; one emergency
  238  nurse; one hospital administrator; one representative of air
  239  ambulance services; one representative of a commercial ambulance
  240  operator; and two laypersons who are in no way connected with
  241  emergency medical services, one of whom is a representative of
  242  the elderly. Ex officio members of the advisory council from
  243  state agencies shall include, but shall not be limited to,
  244  representatives from the Department of Education, the Department
  245  of Management Services, the State Fire Marshal, the Department
  246  of Highway Safety and Motor Vehicles, the Department of
  247  Transportation, and the Division of Emergency Management.
  248         Section 9. This act shall take effect July 1, 2018.