Substitute House Bill No. 5328
Substitute House Bill No. 5328
PUBLIC ACT NO. 98-195
AN ACT CONCERNING THE OFFICE OF EMERGENCY MEDICAL
SERVICES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) (a) There is established
within the Department of Public Health an
Emergency Medical Services Advisory Board.
(b) The advisory board shall consist of
forty-one members, including the Commissioner of
Public Health and the state medical director, or
their designees. The Governor shall appoint the
following members: One person from each of the
regional emergency medical services councils; one
person from the Connecticut Association of
Directors of Health; three persons from the
Connecticut College of Emergency Physicians; one
person from the Connecticut Committee on Trauma of
the American College of Surgeons; one person from
the Connecticut Medical Advisory Committee; one
person from the Emergency Department Nurses
Association; one person from the Connecticut
Association of Emergency Medical Services
Instructors; one person from the Connecticut
Hospital Association; two persons representing
commercial ambulance providers; one person from
the Connecticut Firefighters Association; one
person from the Connecticut Fire Chiefs
Association; one person from the Connecticut
Chiefs of Police Association; one person from the
Connecticut State Police; and one person from the
Connecticut Commission on Fire Prevention and
Control. An additional eighteen members shall be
appointed as follows: Three by the president pro
tempore of the Senate; three by the majority
leader of the Senate; four by the minority leader
of the Senate; three by the speaker of the House
of Representatives; two by the majority leader of
the House of Representatives and three by the
minority leader of the House of Representatives.
The appointees shall include a person with
experience in municipal ambulance services; a
person with experience in for-profit ambulance
services; three persons with experience in
volunteer ambulance services; an emergency medical
technician paramedic; an emergency medical
technician; an emergency medical technician
intermediate; three consumers and four persons
from state-wide organizations with interests in
emergency medical services as well as any other
areas of expertise that may be deemed necessary
for the proper functioning of the advisory board.
(c) The Commissioner of Public Health shall
appoint a chairperson from among the members of
the advisory board who shall serve for a term of
one year. The advisory board shall elect a vice
chairperson and secretary. The advisory board
shall have committees made up of such members as
the chairperson shall appoint and such other
interested persons as the committee members shall
elect to membership. The advisory board may, from
time to time, appoint nonmembers to serve on such
ad hoc committees as it deems necessary to assist
with its functions. The advisory board shall
develop bylaws. The advisory board shall establish
a Connecticut Emergency Medical Services Medical
Advisory Committee as a standing committee. The
standing committee shall provide the commissioner,
the advisory board and other ad hoc committees
with advice and comment regarding the medical
aspects of their projects. The standing committee
may submit reports directly to the commissioner
regarding medically-related concerns that have
not, in the standing committee's opinion, been
satisfactorily addressed by the advisory board.
(d) The term for each appointed member of the
advisory board shall be coterminous with the
appointing authority. Appointees shall serve
without compensation.
(e) The advisory board, in addition to other
power conferred and in addition to functioning in
a general advisory capacity, shall assist in
coordinating the efforts of all persons and
agencies in the state concerned with the emergency
medical service system, and shall render advice on
the development of the emergency medical service
system where needed. The advisory board shall make
an annual report to the commissioner.
(f) The advisory board shall be provided a
reasonable opportunity to review and make
recommendations on all regulations, medical
guidelines and policies affecting emergency
medical services before the department establishes
such regulations, medical guidelines or policies.
The advisory board shall make recommendations to
the Governor and to the General Assembly
concerning legislation which, in the advisory
board's judgment, will improve the delivery of
emergency medical services.
Sec. 2. (NEW) (a) The Commissioner of Public
Health shall establish an Emergency Medical
Services Equipment and Local System Development
grant program. The program shall provide incentive
grants for enhancing emergency medical services
and equipment. The commissioner shall define the
nature, description and systems designed for grant
proposals.
(b) The commissioner shall adopt regulations,
in accordance with the provisions of chapter 54 of
the general statutes, to determine the entities
eligible to receive grants under the grant program
established pursuant to subsection (a) of this
section. In determining eligibility, the
commissioner shall consider: (1) The demonstrated
need within the community; (2) the degree to which
the proposal serves the emergency medical services
system plan; and (3) the extent to which there is
available adequate trained staff to carry out the
proposal.
(c) The commissioner shall maintain a priority
list of eligible proposals and shall establish a
system setting the priority of grant funding. In
establishing such a priority list and ranking
system, the commissioner shall consider all
relevant factors including, but not limited to:
(1) The public health and safety; (2) the
population affected; (3) the attainment of state
emergency medical services goals and standards;
and (4) consistency with the state plan for
emergency medical services.
(d) The commissioner shall consult with the
appropriate regional council by sending such
council a copy of any grant proposal. The regional
emergency medical services council shall review
and comment upon any proposal. Each council shall
indicate how the grant proposal addresses the
regional emergency medical services plan
established priorities. The commissioner shall
consider the recommendation of the regional
council when making a final grant determination.
Sec. 3. Section 19a-175 of the general
statutes, as amended by section 15 of public act
97-311, is repealed and the following is
substituted in lieu thereof:
As used in this chapter:
(1) "Emergency medical service system" means a
system which provides for the arrangement of
personnel, facilities and equipment for the
efficient, effective and coordinated delivery of
health care services under emergency conditions;
(2) "Patient" means an injured, ill, crippled
or physically handicapped person requiring
assistance and transportation;
(3) "Ambulance" means a motor vehicle
specifically designed to carry patients;
(4) "Ambulance service" means an organization
which transports patients;
(5) "Emergency medical technician" means an
individual who has successfully completed the
training requirements established by the
Commissioner of Public Health and has been
certified by the Department of Public Health;
(6) "Ambulance driver" means a person whose
primary function is driving an ambulance;
(7) "Emergency medical technician instructor"
means a person who is certified by the Department
of Public Health to teach courses, the completion
of which are required in order to become an
emergency medical technician;
(8) "Communications facility" means any
facility housing the personnel and equipment for
handling the emergency communications needs of a
particular geographic area;
(9) "Life saving equipment" means equipment
used by emergency medical personnel for the
stabilization and treatment of patients;
(10) "Emergency medical service organization"
means any organization whether public, private or
voluntary which offers transportation or treatment
services to patients under emergency conditions;
(11) "Invalid coach" means a vehicle used
exclusively for the transportation of
nonambulatory patients, who are not confined to
stretchers, to or from either a medical facility
or the patient's home in nonemergency situations
or utilized in emergency situations as a backup
vehicle when insufficient emergency vehicles
exist;
(12) "Rescue service" means any organization,
whether profit or nonprofit, whose primary purpose
is to search for persons who have become lost or
to render emergency service to persons who are in
dangerous or perilous circumstances;
(13) "Provider" means any person, corporation
or organization, whether profit or nonprofit,
whose primary purpose is to deliver medical care
or services, including such related medical care
services as ambulance transportation;
(14) "Commissioner" means the Commissioner of
Public Health; [acting through the Office of
Emergency Medical Services;]
(15) "Paramedic" means a person licensed
pursuant to section 11 of [this act] PUBLIC ACT
97-311;
(16) "Commercial ambulance service" means an
ambulance service which primarily operates for
profit;
(17) "Licensed ambulance service" means a
commercial ambulance service [issued a license by
the Office of Emergency Medical Services or any]
OR A volunteer or municipal ambulance service
issued a license by the [Office of Emergency
Medical Services prior to July 1, 1981]
COMMISSIONER;
(18) "Certified ambulance services" means a
municipal or volunteer ambulance service issued a
certificate by the [Office of Emergency Medical
Services] COMMISSIONER; and
(19) "Management service" means an
organization which provides emergency medical
technicians or paramedics to any entity including
an ambulance service but does not include a
commercial ambulance service or a volunteer or
municipal ambulance service.
Sec. 4. Section 19a-176 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Department of Public Health shall be the
[state agency] LEAD AGENCY FOR THE STATE'S
EMERGENCY MEDICAL SERVICES PROGRAM AND SHALL BE
responsible for the planning, coordination and
administration of a state-wide emergency medical
care service system. The Commissioner of Public
Health shall set policy and establish state-wide
priorities for emergency medical services
utilizing the services of the state Department of
Public Health and the emergency medical services
councils, as established by section 19a-183.
Sec. 5. Section 19a-177 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The commissioner shall:
[(a)] (1) With the advice of THE OFFICE OF
EMERGENCY MEDICAL SERVICES ESTABLISHED PURSUANT TO
SECTION 19a-178, AS AMENDED BY THIS ACT, AND OF an
advisory committee on emergency medical services
and with the benefit of [the] meetings [,] held
pursuant to subsection (b) of section 19a-184, AS
AMENDED BY THIS ACT, [develop and annually update]
ADOPT EVERY FIVE YEARS a state-wide plan for the
coordinated delivery of emergency medical
services; [, which plan shall take into account
the needs of the emergency medical services
councils. The plan shall contain: (1) Specific
goals for the delivery of such emergency medical
services; (2) a time frame for achievement of such
goals; (3) cost data and alternative funding
sources for the development of such goals; and (4)
performance standards for the evaluation of such
goals;]
(2) LICENSE OR CERTIFY THE FOLLOWING: (A)
AMBULANCE OPERATIONS, AMBULANCE DRIVERS, EMERGENCY
MEDICAL TECHNICIANS AND COMMUNICATIONS PERSONNEL;
(B) EMERGENCY ROOM FACILITIES AND COMMUNICATIONS
FACILITIES; AND (C) TRANSPORTATION EQUIPMENT,
INCLUDING LAND, SEA AND AIR VEHICLES USED FOR
TRANSPORTATION OF PATIENTS TO EMERGENCY FACILITIES
AND PERIODICALLY INSPECT LIFE SAVING EQUIPMENT,
EMERGENCY FACILITIES AND EMERGENCY TRANSPORTATION
VEHICLES TO INSURE THAT STATE STANDARDS ARE
MAINTAINED;
[(b)] (3) Annually inventory [or cause to be
inventoried] emergency medical services resources
within the state, including facilities, equipment,
and personnel, for the purposes of determining the
need for additional services and the effectiveness
of existing services;
[(c)] (4) Review and evaluate all area-wide
plans developed by the emergency medical services
councils pursuant to section 19a-182, AS AMENDED
BY THIS ACT, in order to insure conformity with
standards issued by said commissioner;
[(d)] (5) Within thirty days of their receipt,
review all grant and contract applications for
federal or state funds concerning emergency
medical services or related activities for
conformity to policy guidelines and forward such
application to the appropriate agency, when
required;
[(e)] (6) Establish such minimum standards and
adopt such regulations in accordance with the
provisions of chapter 54, as may be necessary to
develop the following components of an emergency
medical service system: [(1)] (A) Communications,
which shall include, but not be limited to,
equipment, radio frequencies and operational
procedures; [(2)] (B) transportation services,
which shall include, but not be limited to,
vehicle type, design, condition and maintenance,
life saving equipment and operational procedure;
[(3)] (C) training, which shall include, but not
be limited to, emergency medical technicians,
communications personnel, paraprofessionals
associated with emergency medical services,
firefighters and state and local police; and [(4)]
(D) emergency medical service facilities, which
shall include, but not be limited to,
categorization of emergency departments as to
their treatment capabilities and ancillary
services;
[(f)] (7) Coordinate training of all personnel
related to emergency medical services;
[(g)] (8) Develop or cause to be developed a
data collection system which shall include a
method of uniform patient record keeping which
will follow a patient from initial entry into the
emergency medical service system through discharge
from the emergency room; AND
[(h) Develop a program for public education
and information which takes into account the needs
of visitors to as well as residents of the state;]
[(i)] (9) Establish rates for the conveyance
of patients by licensed ambulance services and
invalid coaches and establish an emergency service
rate for certified ambulance services provided the
present rates established by the Public Utilities
Commission for such services and vehicles shall
remain in effect until such time as the
commissioner establishes a new rate schedule as
provided herein, and adopt regulations in
accordance with the provisions of chapter 54
establishing methods for setting rates and
conditions for charging such rates. [;]
[(j) No later than December 31, 1975, and
annually thereafter submit a report to the
Governor and General Assembly which shall include,
but not be limited to, the following: (1) An
accounting of all federal and state funds expended
for emergency medical services in the state; (2) a
statement and evaluation of the accomplishments of
the Office of Emergency Medical Services during
the preceding year together with a description of
goals for the upcoming year; and (3)
recommendations for any legislation which said
commissioner feels will facilitate a complete
coordinated emergency medical services system; and
(k) If no emergency medical services council
exists within a region, develop in conjunction
with the regional coordinator, as established by
section 19a-185, an emergency medical services
plan for such region, such plan to conform with
the requirements of section 19a-182.]
Sec. 6. Section 19a-178 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) There shall be established within the
Department of Public Health an Office of Emergency
Medical Services. The office shall be responsible
for [(a) the licensure or certification of the
following: (1) Ambulance operations, ambulance
drivers, emergency medical technicians, and
communications personnel; (2) emergency room
facilities and communications facilities and (3)
transportation equipment, including land, sea and
air vehicles used for transportation of patients
to emergency facilities; (b) periodic inspections
of life saving equipment, of emergency facilities
and of emergency transportation vehicles to insure
that state standards are maintained; and (c)
perform such other duties and functions as are
assigned to said office by the Commissioner of
Public Health] PROGRAM DEVELOPMENT ACTIVITIES,
INCLUDING, BUT NOT LIMITED TO: (1) PUBLIC
EDUCATION AND INFORMATION PROGRAMS; (2)
ADMINISTERING THE EMERGENCY MEDICAL SERVICES
EQUIPMENT AND LOCAL SYSTEM DEVELOPMENT GRANT
PROGRAM; (3) PLANNING; (4) REGIONAL COUNCIL
OVERSIGHT; (5) TRAINING; AND (6) PROVIDING STAFF
SUPPORT TO THE ADVISORY BOARD.
(b) THE OFFICE OF EMERGENCY MEDICAL SERVICES
SHALL ADOPT A FIVE-YEAR PLANNING CYCLE FOR THE
STATE-WIDE PLAN FOR THE COORDINATED DELIVERY OF
MEDICAL EMERGENCY SERVICES REQUIRED BY SUBSECTION
(a) OF THIS SECTION. THE PLAN SHALL CONTAIN: (1)
SPECIFIC GOALS FOR THE DELIVERY OF SUCH EMERGENCY
MEDICAL SERVICES; (2) A TIME FRAME FOR ACHIEVEMENT
OF SUCH GOALS; (3) COST DATA AND ALTERNATIVE
FUNDING SOURCES FOR THE DEVELOPMENT OF SUCH GOALS;
AND (4) PERFORMANCE STANDARDS FOR THE EVALUATION
OF SUCH GOALS.
Sec. 7. Section 19a-179 of the general
statutes is repealed and the following is
substituted in lieu thereof:
[(a) There shall be a director of the Office
of Emergency Medical Services as established in
section 19a-178 who shall be appointed by and
responsible to the Commissioner of Public Health.
The director shall carry out the duties of the
Office of Emergency Medical Services as provided
in said section. The commissioner shall be
responsible for adopting] THE COMMISSIONER OF
PUBLIC HEALTH SHALL ADOPT regulations concerning
the methods and conditions for licensure and
certification of the operations, facilities and
equipment enumerated in [said] section 19a-177, AS
AMENDED BY THIS ACT, and regulations regarding
complaint procedures for the public and any
emergency medical service organization. Such
regulations shall be adopted in accordance with
the provisions of chapter 54 and shall be in
conformity with the policies and standards
established by the commissioner. [All regulations
adopted by the Ambulance Commission and in force
on June 30, 1974, shall remain in effect until
such time as new regulations which repeal, amend
or replace specific regulations concerning the
methods and conditions for licensure and
certification of the operations, facilities and
equipment enumerated in said section and
regulations regarding complaint procedures for the
public and any emergency medical service
organization are adopted by the commissioner in
accordance with the provisions of this section.
(b) (1) The assignment or transfer of any of
the functions, powers or duties of the Ambulance
Commission under any of the provisions of this
chapter shall not affect any action or proceeding,
civil or criminal, pending at the time of such
assignment or transfer, and the Office of
Emergency Medical Services shall be deemed
substituted in such action by operation of this
subsection without motion or order. (2) Any right
of action or matter undertaken or commenced by the
Ambulance Commission, the functions, powers or
duties of which are assigned or transferred, may
be conducted and completed by the Office of
Emergency Medical Services in the same manner and
under the same terms and conditions and with the
same effect as if undertaken or commenced and
conducted and completed by the Ambulance
Commission. (3) The chairman of the Ambulance
Commission shall deliver to the Office of
Emergency Medical Services, all contracts, books,
maps, plans, papers, records and property
pertaining to or used in connection with the
functions, powers or duties assigned or
transferred, to said office.
(c) The director of the Office of Emergency
Medical Services may employ, subject to the
provisions to chapter 67, with the approval of the
Commissioner of Public Health, such staff as is
necessary to carry out the responsibilities of the
office provided for in this chapter.]
Sec. 8. Section 19a-180 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) No person shall operate any ambulance
service, rescue service or management service
without either a license or a certificate issued
by the [Office of Emergency Medical Services]
COMMISSIONER OF PUBLIC HEALTH. No person shall
operate a commercial ambulance or commercial
rescue service or a management service without a
license issued by the [Office of Emergency Medical
Services] COMMISSIONER. A certificate shall be
issued to any volunteer or municipal ambulance
service which shows proof satisfactory to the
commissioner that it meets the minimum standards
of the commissioner in the areas of training,
equipment and personnel. Applicants for a license
shall use the forms prescribed by the [Office of
Emergency Medical Services] COMMISSIONER and shall
submit such application to the [Office of
Emergency Medical Services] COMMISSIONER
accompanied by an annual fee of one hundred
dollars. In considering requests for approval of
permits for new or expanded emergency medical
services in any region, THE COMMISSIONER SHALL
CONSULT WITH the Office of Emergency Medical
Services [shall consult with] AND the emergency
medical services council of such region and shall
hold a public hearing to determine the necessity
for such services. Written notice of such hearing
shall be given to current providers in the
geographic region where such new or expanded
services would be implemented, provided that any
volunteer ambulance service which elects not to
levy charges for services rendered under this
chapter shall be exempt from the provisions
concerning requests for approval of permits for
new or expanded emergency medical services, set
forth above. Each applicant for licensure shall
furnish proof of financial responsibility which
the [office] COMMISSIONER deems sufficient to
satisfy any claim. The [Commissioner of Public
Health shall establish by regulation] COMMISSIONER
MAY ADOPT REGULATIONS IN ACCORDANCE WITH THE
PROVISIONS OF CHAPTER 54 TO ESTABLISH satisfactory
kinds of coverage and limits of insurance for each
applicant for either licensure or certification.
[, provided until such time as] UNTIL such
regulations are [promulgated] ADOPTED, the
following shall be the required limits for
licensure: (1) For damages by reason of personal
injury to, or the death of, one person on account
of any accident, at least five hundred thousand
dollars, and more than one person on account of
any accident, at least one million dollars, (2)
for damage to property at least fifty thousand
dollars and (3) for malpractice in the care of one
passenger at least two hundred fifty thousand
dollars, and for more than one passenger at least
five hundred thousand dollars. In lieu of the
foregoing, a single limit of liability shall be
allowed as follows: (A) For damages by reason of
personal injury to, or death of, one or more
persons and damage to property, at least one
million dollars; and (B) for malpractice in the
care of one or more passengers, at least five
hundred thousand dollars. A certificate of such
proof shall be filed with the [Office of Emergency
Medical Services] COMMISSIONER. Upon determination
by the [Office of Emergency Medical Services]
COMMISSIONER that an applicant is financially
responsible, properly certified and otherwise
qualified to operate a commercial ambulance
service, the [Office of Emergency Medical
Services] COMMISSIONER shall issue a license
effective for one year to such applicant. If the
[Office of Emergency Medical Services]
COMMISSIONER determines that an applicant for
either a certificate or license is not so
qualified, [it] THE COMMISSIONER shall notify such
applicant of the denial of his application with a
statement of the reasons for such denial. Such
applicant shall have thirty days to request a
hearing on the denial of said application.
(b) Any person or emergency medical services
organization which does not maintain standards or
violates regulations [promulgated] ADOPTED under
any section of this chapter applicable to such
person or organization may have his or its license
or certification suspended or revoked or may be
subject to any other disciplinary action specified
in section 19a-17 after notice by certified mail
to such person or organization of the facts or
conduct which warrant the intended action. Such
person or emergency medical services organization
shall have an opportunity to show compliance with
all requirements for the retention of such
certificate or license. In the conduct of any
investigation by the [Office of Emergency Medical
Services] COMMISSIONER of alleged violations of
the standards or regulations [promulgated] ADOPTED
under the provisions of this chapter, the
commissioner may issue subpoenas requiring the
attendance of witnesses and the production by any
medical services organization or person of
reports, records, tapes or other documents which
concern the allegations under investigation. All
records obtained by the commissioner in connection
with any such investigation shall not be subject
to the provisions of section 1-16 for a period of
six months from the date of the petition or other
event initiating such investigation, or until such
time as the investigation is terminated pursuant
to a withdrawal or other informal disposition or
until a hearing is convened pursuant to chapter
54, whichever is earlier. A complaint, as defined
in subdivision (6) of section 19a-13, shall be
subject to the provisions of section 1-16 from the
time that it is served or mailed to the
respondent. Records which are otherwise public
records shall not be deemed confidential merely
because they have been obtained in connection with
an investigation under this chapter.
(c) Any person or emergency medical service
organization aggrieved by an act or decision of
the [Office of Emergency Medical Services]
COMMISSIONER regarding certification or licensure
may appeal in the manner provided by chapter 54.
[(d) On or before December 31, 1975, the
Office of Emergency Medical Services shall issue a
temporary ambulance or rescue operation permit to
any service organization which submits
satisfactory evidence to the Office of Emergency
Medical Services that it was actively engaged in
operating an ambulance or rescue service on
January 1, 1974. Such temporary licenses shall
expire one year from the date of issuance.]
[(e)] (d) Any person guilty of any of the
following acts shall be fined not more than two
hundred fifty dollars, or imprisoned not more than
three months, or be both fined and imprisoned: (1)
In any application to the [Office of Emergency
Medical Services] COMMISSIONER or in any
proceeding before [it, or in any] OR investigation
made by [it or on its authority] THE COMMISSIONER,
knowingly [makes] MAKING any false statement or
representation, or, with knowledge of its falsity,
[files or causes] FILING OR CAUSING to be filed
[with the Office of Emergency Medical Services]
any false statement or representation in a
required application or statement; (2) [issues,
circulates or publishes, or causes] ISSUING,
CIRCULATING OR PUBLISHING OR CAUSING to be issued,
circulated or published any form of advertisement
or circular for the purpose of soliciting business
which contains any statement that is false or
misleading, or otherwise likely to deceive a
reader thereof, with knowledge that it contains
such false, misleading or deceptive statement; (3)
[gives or offers] GIVING OR OFFERING to give
anything of value to any person for the purpose of
promoting or securing ambulance or rescue service
business or obtaining favors relating thereto; (4)
[administers, or causes] ADMINISTERING OR CAUSING
to be administered, while serving in the capacity
of an employee of any licensed ambulance or rescue
service, any alcoholic liquor to any patient in
his care, except under the supervision and
direction of a licensed physician; (5) in any
respect wilfully [violates or fails] VIOLATING OR
FAILING to comply with any provision of this
chapter or wilfully [violates or fails, omits or
neglects] VIOLATING, FAILING, OMITTING OR
NEGLECTING to obey or comply with any regulation,
order, decision or license, or any part or
provisions thereof; (6) with one or more other
persons, [conspires] CONSPIRING to violate any
license or order issued by the [Office of
Emergency Medical Services] COMMISSIONER or any
provision of this chapter.
[(f)] (e) No person shall place any
advertisement or produce any printed matter that
holds that person out to be an ambulance service
unless he is licensed or certified pursuant to
this section. Any such advertisement or printed
matter shall include the license or certificate
number issued by the [Office of Emergency Medical
Services] COMMISSIONER.
Sec. 9. Section 19a-181 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Each ambulance or rescue vehicle used by
an ambulance or rescue service shall be registered
with the Department of Motor Vehicles pursuant to
chapter 246. Said Department of Motor Vehicles
shall not issue a certificate of registration for
any such ambulance or rescue vehicle unless the
applicant for such certificate of registration
presents to said department a safety certificate
from the [Office of Emergency Medical Services]
COMMISSIONER OF PUBLIC HEALTH certifying that said
ambulance or rescue vehicle has been inspected [by
said office] and has met the minimum standards
prescribed by the commissioner. Each vehicle so
registered with [said department] THE DEPARTMENT
OF MOTOR VEHICLES shall be inspected [annually]
ONCE EVERY TWO YEARS thereafter by [said office]
THE COMMISSIONER OF PUBLIC HEALTH on or before the
anniversary date of the issuance of the
certificate of registration. Each inspector, upon
determining that such ambulance or rescue vehicle
meets the standards of safety and equipment
prescribed by [said office] THE COMMISSIONER OF
PUBLIC HEALTH, shall affix a safety certificate to
such vehicle in such manner and form as [said
office shall designate] THE COMMISSIONER
DESIGNATES, and such sticker shall be so placed as
to be readily visible to any person in the rear
compartment of such vehicle.
(b) The Department of Motor Vehicles shall
suspend or revoke the certificate of registration
of any vehicle inspected under the provisions of
this section upon certification from [said Office
of Emergency Medical Services] THE COMMISSIONER OF
PUBLIC HEALTH that such ambulance or rescue
vehicle has failed to meet the minimum standards
prescribed by said commissioner.
Sec. 10. Section 19a-182 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The emergency medical services councils
shall be the area-wide planning and coordinating
agencies for emergency medical services and shall
provide continuous evaluation of emergency medical
services for their respective geographic areas.
(b) Each emergency medical services council
shall develop and [annually] revise EVERY FIVE
YEARS a plan for the delivery of emergency medical
services in its area, USING A FORMAT ESTABLISHED
BY THE OFFICE OF EMERGENCY MEDICAL SERVICES. EACH
COUNCIL SHALL SUBMIT AN ANNUAL UPDATE FOR EACH
REGIONAL PLAN TO THE OFFICE OF EMERGENCY MEDICAL
SERVICES DETAILING ACCOMPLISHMENTS MADE TOWARD
PLAN IMPLEMENTATION. Such plan shall include an
evaluation of the current effectiveness of
emergency medical services and detail the needs
for the future, and shall contain specific goals
for the delivery of emergency medical services
within their respective geographic areas, a time
frame for achievement of such goals, cost data for
the development of such goals, and performance
standards for the evaluation of such goals.
Special emphasis in such plan shall be placed upon
coordinating the existing services into a
comprehensive system. Such plan shall contain
provisions for, but shall not be limited to, the
following: (1) Clearly defined geographic regions
to be serviced by each provider including
cooperative arrangements with other providers and
backup services; (2) an adequate number of trained
personnel for staffing of ambulances,
communications facilities and hospital emergency
rooms, with emphasis on former military personnel
trained in allied health fields; (3) a
communications system that includes a central
dispatch center, two-way radio communication
between the ambulance and the receiving hospital
and a universal emergency telephone number; and
(4) a public education program that stresses the
need for adequate training in basic lifesaving
techniques and cardiopulmonary resuscitation. Such
plan shall be submitted to the Commissioner of
Public Health no later than June thirtieth [of]
each year THE PLAN IS DUE.
Sec. 11. Section 19a-184 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Each emergency medical services council
shall (1) forward to the Commissioner of Public
Health the emergency medical services plan for its
region, and (2) review and within sixty days
forward to the commissioner, together with its
recommendations, all grant and contract
applications for federal and state funds
pertaining to emergency medical services from the
following entities within its region: (A) A unit
of local government, (B) a public entity
administering a compact or other regional
arrangement or consortium, or (C) any other public
entity or any nonprofit private agency.
(b) The chairpersons, or their designees, of
said councils shall meet as a group, at least
bimonthly, with [the director of] the Office of
Emergency Medical Services to discuss the
planning, coordination and implementation of the
state-wide emergency medical care service system.
Sec. 12. Section 19a-194 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) A motorcycle equipped to handle medical
emergencies shall be deemed a rescue vehicle for
the purposes of section 19a-181. The [director of
the Office of Emergency Medical Services]
COMMISSIONER shall issue a safety certificate to
such motorcycle upon examination of such vehicle
[by said director or his designee] and a
determination that such motorcycle (1) is in
satisfactory mechanical condition, (2) is as safe
to operate as the average motorcycle, and (3) is
equipped with such emergency medical equipment as
may be required by subsection (b) of this section.
(b) The [director of the Office of Emergency
Medical Services shall adopt regulations which
shall specify] COMMISSIONER MAY ADOPT REGULATIONS
IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 54
SPECIFYING the equipment a motorcycle must carry
to operate as a rescue vehicle pursuant to this
section. Such equipment shall include those items
that would enable an emergency medical technician,
paramedic or other individual similarly trained to
render to a person requiring emergency medical
assistance the maximum benefit possible from the
operation of such motorcycle rescue vehicle.
Sec. 13. Section 19a-196 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) For purposes of this section and sections
19a-196a and 19a-196b, "municipality" means any
town, city or borough, whether consolidated or
unconsolidated.
(b) For purposes of this section, the
Commissioner of Public Health may appoint hearing
officers to investigate complaints filed pursuant
to this section. [and to report their findings to
the director of the Office of Emergency Medical
Services.]
(c) Any municipality aggrieved by any action
of an emergency medical service council may file a
written complaint with the [director of the Office
of Emergency Medical Services] COMMISSIONER
describing such action and shall mail a copy of
such complaint to the party that is the subject of
the complaint. Any complaint filed pursuant to
this section shall be filed [within] NOT LATER
THAN one hundred eighty days after the alleged
act. Upon receipt of a properly filed complaint,
the [director] COMMISSIONER shall refer such
complaint to a hearing officer appointed [by the
Commissioner of Public Health] to investigate such
complaints. The hearing officer shall, after
investigation and [within] NOT LATER THAN ninety
days after the date of such referral, either (1)
make a report to the [director] COMMISSIONER
recommending dismissal of the complaint or (2)
issue an official written complaint charging the
emergency medical service council with the
appropriate violation. Upon receiving a report
from the officer recommending dismissal of the
complaint, the [director] COMMISSIONER may issue
an order dismissing the complaint or may order a
further investigation or a hearing thereon. Upon
receiving a complaint issued by the officer, the
[director] COMMISSIONER shall set a time and place
for the hearing. The hearing shall be held in
accordance with the provisions of chapter 54. If
no such report or complaint is issued, the
[director] COMMISSIONER may, in his discretion,
proceed to a hearing upon the party's original
complaint in accordance with the provisions of
chapter 54.
(d) A final decision shall be in writing and
shall include any findings of fact and conclusions
of law necessary to the [director's]
COMMISSIONER'S decision. Findings of fact shall be
based exclusively on the evidence in the record.
The final decision shall be delivered promptly to
each party or his authorized representative,
personally or by [U.S.] UNITED STATES mail,
certified or registered, postage prepaid, return
receipt requested. The final decision shall be
effective when personally delivered or mailed.
(e) A municipality aggrieved by a decision of
the [director] COMMISSIONER pursuant to this
section may appeal therefrom to the Superior Court
in accordance with the provisions of section
4-183.
Sec. 14. The Commissioner of Public Health
shall submit a report on the implementation of the
emergency medical services program development to
the joint standing committee of the General
Assembly having cognizance of matters relating to
public health on or before January 1, 1999.
Sec. 15. (a) There is established a task force
to study the provision of emergency medical
services, as well as a method of funding the
emergency medical services system, utilizing the
report unanimously adopted by the Legislative
Program Review and Investigations Committee, on
December 11, 1997. The study shall include, but
not be limited to:
(1) The economic impact and strengthening of
the volunteer emergency medical services system;
(2) The need for permanent and adequate
funding for the Office of Emergency Medical
Services, the emergency medical services regional
councils and the grant program, as outlined in the
Legislative Program Review and Investigations
Committee report; and
(3) The management of costs associated with
quality training and education.
(b) The task force shall consist of:
(1) One member appointed by the speaker of the
House of Representatives, to represent the
Emergency Medical Services Advisory Board
established in section 1 of this act;
(2) One member appointed by the president pro
tempore of the Senate, to represent the emergency
medical services commercial sector;
(3) One member appointed by the minority
leader of the House of Representatives, to
represent the municipal sector;
(4) One member appointed by the minority
leader of the Senate, to represent the nonprofit
sector;
(5) One member appointed by the Council of
Small Towns;
(6) One member appointed by the council of
regional chairpersons, to represent the regional
councils;
(7) One member appointed by the volunteer
committee of the Emergency Medical Services
Advisory Board, to represent the volunteer sector;
(8) One member appointed by the house
chairperson of the joint standing committee of the
General Assembly having cognizance of matters
relating to public health, to represent that
committee;
(9) One member appointed by the Connecticut
College of Emergency Physicians, to represent that
agency;
(10) One member appointed by the American
College of Surgeons, to represent that agency; and
(11) The Commissioner of Public Health or the
commissioner's designee.
(c) All appointments to the task force shall
be made no later than thirty days after the
effective date of this section. Any vacancy shall
be filled by the appointing agency.
(d) The appointee from the joint standing
committee of the General Assembly having
cognizance of matters relating to public health
shall be the chairperson of this task force. The
chairperson shall schedule the first meeting of
the task force, which shall be held no later than
sixty days after the effective date of this
section.
(e) The task force shall report its findings
and recommendations, which shall include
recommendations concerning funding, to the joint
standing committee of the General Assembly having
cognizance of matters relating to public health
not later than January 15, 1999.
Sec. 16. This act shall take effect from its
passage, except that sections 1 to 14, inclusive,
shall take effect October 1, 1998.
Approved June 4, 1998