REGIONAL EMS COMMITTEES - 190.102 & 190.103

Current law provides a list of topics on which regional EMS advisory committees are to advise and provide recommendations to the region and the Department of Health and Senior Services.

This act adds community and regional time critical diagnosis plans to the list. In addition, this act provides that the regional EMS medical director must serve as a member of the regional EMS committee.

This act also provides that the regional EMS medical director must serve a four-year term. The southwest, northwest, and Kansas City regional EMS medical directors must be elected to an initial two-year term. The central, east central, and southeast regional EMS medical director must be elected to an initial four-year term.

These provisions are identical to provisions in CCS/HCS/SS/SB 732 (2016) and SCS/SB 895 (2016), and substantially similar to other provisions in CCS/HCS/SS/SB 732 (2016) and SCS/SB 895 (2016).

TRANSFERS OF CERTAIN PATIENTS - 190.144 & 190.240

This act provides that no licensed emergency medical technician, if acting in good faith and without gross negligence, is liable for transporting persons ordered detained as a result of drug or alcohol abuse or a mental disorder or for physically or chemically restraining an at-risk behavioral health patient if the restraint is to ensure the safety of the patient or technician.

This act requires hospitals and nursing homes to have policies and procedures that require the hospital or facility to give advance notification to emergency medical services personnel prior to the transportation of any at-risk behavioral health patient.

Any physician treating an at-risk behavioral patient in an emergency situation who, after assessing the patient, determines that there is reasonable cause to believe there is a likelihood that the patient may cause an imminent serious harm to himself, herself, or others unless the patient is immediately transported to another appropriate facility may place the patient on a temporary involuntary hold for a period of time necessary to effectuate the patient's transport. During the transport, the emergency medical services personnel may rely on the physician’s hold order as a basis for implied consent to treat and transport the patient and shall not be liable for any claims of negligence, false imprisonment, or invasion of privacy based on such temporary hold, treatment, or transport of the patient.

These provisions are identical to provisions in CCS/HCS/SS/SB 732 (2016) and SCS/SB 895 (2016), and substantially similar to other provisions in CCS/HCS/SS/SB 732 (2016) and SCS/SB 895 (2016).

CAUSE FOR DISCIPLINE FOR LICENSED EMS PROVIDERS - 190.165 & 190.173

Currently, the Department of Health and Senior Services may cause a complaint to be filed with the Administrative Hearing Commission against a holder of certain emergency-service-related certificates, licenses, or permits if the person violates certain specified regulations. This act modifies the list of regulations.

In addition, this act requires the Department to explain to a licensee who is the subject of an investigation that the licensee has the right to legal counsel, have anyone present he or she desires with certain exceptions, and refuse to answer any question or provide any written statement. This act specifies that the assertion of any of the above rights is not to be deemed as a failure to cooperate.

Under this act, the Department may only suspend or revoke a license, certificate, or permit as a disciplinary action if it first files a complaint with the Administrative Hearing Commission.

Under this act, all complaints, investigatory reports, and information pertaining to any applicant, holder of any certificate, permit, or license, or other individual are confidential and must only be disclosed upon written consent of the person whose records are involved or to other administrative or law enforcement agencies acting with the scope of their statutory authority. No applicant, holder of any certificate, permit, or license, or other individual shall have access to any complaints, investigatory reports, or information concerning an investigation in progress.

This act provides that certain information regarding licensees and final disciplinary actions is not confidential.

These provisions are substantially similar to provisions in CCS/HCS/SS/SB 732 (2016) and SCS/SB 895 (2016), and similar to other provisions in CCS/HCS/SS/SB 732 (2016) and SCS/SB 895 (2016).

FIRE PROTECTION DISTRICT DIRECTORS - 321.130 & 321.210

This act modifies the qualifications for a person to be elected or appointed as a director of a fire protection district by lowering the age from 25 to 24 years. Additionally, a person filing for candidacy as a director of a fire protection district will pay a filing fee equal to that of a candidate filing for a county office. This act repeals existing provisions establishing special qualifications for certain districts.

These provisions are identical to provisions in CCS/HCS/SS/SB 732 (2016) and HB 1751 (2016) and substantially similar to other provisions in HB 1751 (2016).

SARAH HASKINS