SECOND REGULAR SESSION

HOUSE BILL NO. 1977

95TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES WASSON (Sponsor) AND SHIVELY (Co-sponsor).

4826L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk


 

AN ACT

To repeal sections 190.133, 190.143, 190.196, 190.246, and 191.630, RSMo, and to enact in lieu thereof five new sections relating to emergency medical technicians, with a penalty provision.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Sections 190.133, 190.143, 190.196, 190.246, and 191.630, RSMo, are repealed and five new sections enacted in lieu thereof, to be known as sections 190.133, 190.143, 190.196, 190.246, and 191.630, to read as follows:

            190.133. 1. The department shall, within a reasonable time after receipt of an application, cause such investigation as the department deems necessary to be made of the applicant for an emergency medical response agency license.

            2. The department shall issue a license to any emergency medical response agency which provides advanced life support if the applicant meets the requirements established pursuant to sections 190.001 to 190.245, and the rules adopted by the department pursuant to sections 190.001 to 190.245. The department may promulgate rules relating to the requirements for an emergency medical response agency including, but not limited to:

            (1) A licensure period of five years;

            (2) Medical direction;

            (3) Records and forms; and

            (4) Memorandum of understanding with local ambulance services.

            3. Application for an emergency medical response agency license shall be made upon such forms as prescribed by the department in rules adopted pursuant to sections 190.001 to 190.245. The application form shall contain such information as the department deems necessary to make a determination as to whether the emergency medical response agency meets all the requirements of sections 190.001 to 190.245 and rules promulgated pursuant to sections 190.001 to 190.245.

            4. No person or entity shall hold itself out as an emergency medical response agency that provides advanced life support or provide the services of an emergency medical response agency that provides advanced life support unless such person or entity is licensed by the department.

            [5. Only emergency medical response agencies, fire departments, and fire protection districts may provide certain ALS services with the services of EMT-Is.

            6. Emergency medical response agencies functioning with the services of EMT-Is must work in collaboration with an ambulance service providing advanced life support with personnel trained to the emergency medical technician-paramedic level.]

            190.143. 1. Notwithstanding any other provisions of law, the department may grant a ninety-day temporary emergency medical technician license to all levels of emergency medical technicians who meet the following:

            (1) Can demonstrate that they have, or will have, employment requiring an emergency medical technician license;

            (2) Are not currently licensed as an emergency medical technician in Missouri or have been licensed as an emergency medical technician in Missouri and fingerprints need to be submitted to the Federal Bureau of Investigation to verify the existence or absence of a criminal history, or they are currently licensed and the license will expire before a verification can be completed of the existence or absence of a criminal history;

            (3) Have submitted a complete application upon such forms as prescribed by the department in rules adopted pursuant to sections 190.001 to 190.245;

            (4) Have not been disciplined pursuant to sections 190.001 to 190.245 and rules promulgated pursuant to sections 190.001 to 190.245;

            (5) Meet all the requirements of rules promulgated pursuant to sections 190.001 to 190.245.

            2. A temporary emergency medical technician license shall only authorize the license to practice while under the immediate supervision of a licensed emergency medical technician-basic, emergency medical technician-intermediate, emergency medical technician-paramedic, registered nurse or physician who is currently licensed, without restrictions, to practice in Missouri.

            3. A temporary emergency medical technician license shall automatically expire either ninety days from the date of issuance or upon the issuance of a five-year emergency medical technician license.

            190.196. 1. No employer shall knowingly employ or permit any employee to perform any services for which a license, certificate or other authorization is required by sections 190.001 to 190.245, or by rules adopted pursuant to sections 190.001 to 190.245, unless and until the person so employed possesses all licenses, certificates or authorizations that are required.

            2. Any person or entity that employs or supervises a person's activities as a first responder, emergency medical dispatcher, emergency medical technician-basic, emergency medical technician-intermediate, emergency medical technician-paramedic, registered nurse or physician shall cooperate with the department's efforts to monitor and enforce compliance by those individuals subject to the requirements of sections 190.001 to 190.245.

            3. Any person or entity who employs individuals licensed by the department pursuant to sections 190.001 to 190.245 shall report to the department within seventy-two hours of their having knowledge of any charges filed against a licensee in their employ for possible criminal action involving the following felony offenses:

            (1) Child abuse or sexual abuse of a child;

            (2) Crimes of violence; or

            (3) Rape or sexual abuse.

            4. Any licensee who has charges filed against him or her for the felony offenses in subsection 3 of this section shall report such an occurrence to the department within seventy-two hours of the charges being filed.

            5. The department will monitor these reports for possible licensure action authorized pursuant to section 190.165.

            190.246. 1. As used in this section, the following terms shall mean:

            (1) "Eligible person, firm, organization or other entity", an ambulance service or emergency medical response agency, a certified first responder, emergency medical technical-basic, emergency medical technician-intermediate, or emergency medical technician-paramedic who is employed by, or an enrolled member, person, firm, organization or entity designated by, rule of the department of health and senior services in consultation with other appropriate agencies. All such eligible persons, firms, organizations or other entities shall be subject to the rules promulgated by the director of the department of health and senior services;

            (2) "Emergency health care provider":

            (a) A physician licensed pursuant to chapter 334, RSMo, with knowledge and experience in the delivery of emergency care; or

            (b) A hospital licensed pursuant to chapter 197, RSMo, that provides emergency care.

            2. Possession and use of epinephrine auto-injector devices shall be limited as follows:

            (1) No person shall use an epinephrine auto-injector device unless such person has successfully completed a training course in the use of epinephrine auto-injector devices approved by the director of the department of health and senior services. Nothing in this section shall prohibit the use of an epinephrine auto-injector device:

            (a) By a health care professional licensed or certified by this state who is acting within the scope of his or her practice; or

            (b) By a person acting pursuant to a lawful prescription;

            (2) Every person, firm, organization and entity authorized to possess and use epinephrine auto-injector devices pursuant to this section shall use, maintain and dispose of such devices in accordance with the rules of the department;

            (3) Every use of an epinephrine auto-injector device pursuant to this section shall immediately be reported to the emergency health care provider.

            3. (1) Use of an epinephrine auto-injector device pursuant to this section shall be considered first aid or emergency treatment for the purpose of any law relating to liability.

            (2) Purchase, acquisition, possession or use of an epinephrine auto-injector device pursuant to this section shall not constitute the unlawful practice of medicine or the unlawful practice of a profession.

            (3) Any person otherwise authorized to sell or provide an epinephrine auto-injector device may sell or provide it to a person authorized to possess it pursuant to this section.

            4. Any person, firm, organization or entity that violates the provisions of this section is guilty of a class B misdemeanor.

            191.630. As used in sections 191.630 and 191.631, the following terms mean:

            (1) "Care provider", a person who is employed as an emergency medical care provider, firefighter, or police officer;

            (2) "Contagious or infectious disease", hepatitis in any form and any other communicable disease as defined in section 192.800, RSMo, except AIDS or HIV infection as defined in section 191.650, determined to be life-threatening to a person exposed to the disease as established by rules adopted by the department, in accordance with guidelines of the Centers for Disease Control and Prevention of the Department of Health and Human Services;

            (3) "Department", the Missouri department of health and senior services;

            (4) "Emergency medical care provider", a licensed or certified person trained to provide emergency and nonemergency medical care as a first responder, EMT-B, EMT-I, or EMT-P as defined in section 190.100, RSMo, or other certification or licensure levels adopted by rule of the department;

            (5) "Exposure", a specific eye, mouth, other mucous membrane, nonintact skin, or parenteral contact with blood or other potentially infectious materials that results from the performance of an employee's duties;

            (6) "HIV", the same meaning as defined in section 191.650;

            (7) "Hospital", the same meaning as defined in section 197.020, RSMo.