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S. 418
STATUS INFORMATION
General Bill
Sponsors: Senator Sheheen
Document Path: l:\council\bills\nbd\11172ac07.doc
Introduced in the Senate on February 8, 2007
Currently residing in the Senate Committee on Medical Affairs
Summary: Emergency medical technician
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/8/2007 Senate Introduced and read first time SJ-5
2/8/2007 Senate Referred to Committee on Medical Affairs SJ-5
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTIONS 44-61-20, 44-61-30, 44-61-70, 44-61-80, 44-61-105, 44-61-130, AND 44-61-160, ALL AS AMENDED, AND SECTION 44-61-310, ALL RELATING TO THE CERTIFICATION AND REGULATION OF EMERGENCY MEDICAL TECHNICIANS, SO AS TO CHANGE THE AUTHORIZATION TO PERFORM THE DUTIES OF AN EMERGENCY MEDICAL TECHNICIAN FROM CERTIFICATION TO LICENSURE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-61-20(g), (h), (k), (y), and (z) of the 1976 Code, as amended by Act 271 of 2004, are further amended to read:
"(g) 'Licensee' means any person, firm, corporation, or governmental division or agency possessing authorization, permit, or license, or certification to provide emergency medical service in this State.
(h) 'Certificate Emergency medical technician license' or 'EMT license' means official acknowledgment by the department that an individual has completed successfully one of the appropriate emergency medical technician training courses referred to in this article in addition to completing successfully the requisite examinations, which entitles that individual to perform the functions and duties as delineated by the classification for which the certificate license was issued.
(k) 'Emergency medical technician' (technician) means an individual possessing a valid, basic, intermediate, or paramedic certificate license issued by the State pursuant to the provisions of this article.
(y) 'Revocation' means that the department has permanently voided a license, or permit, or certificate and the holder no longer may perform the function associated with the license, or permit, or certificate. The department will must not reissue the license, or permit, or certificate for a period of two years for a license or permit and three years for a certificate an emergency medical technician license. At the end of this period, the holder may petition for reinstatement.
(z) 'Suspension' means that the department has temporarily voided a license, or permit, or certificate and the holder may not perform the function associated with the license, or permit, or certificate until the holder has complied with the statutory requirements and other conditions imposed by the department."
SECTION 2. Section 44-61-30(b)(4) of the 1976 Code, as amended by Act 271 of 2004, is further amended to read:
"(4) training and certification licensing of EMS personnel;"
SECTION 3. Section 44-61-70(b)(1) of the 1976 Code, as amended by Act 271 of 2004, is further amended to read:
"(1) allowed uncertified unlicensed personnel to perform patient care;"
SECTION 4. Section 44-61-80 of the 1976 Code, as amended by Act 271 of 2004, is further amended to read:
"Section 44-61-80. (a) All ambulance attendants shall obtain a valid emergency medical technician certificate license unless an exception is granted pursuant to regulations promulgated by the department.
(b) The department shall develop and approve curricula for the necessary classification of emergency medical technicians and approve the training program for the necessary classifications of emergency medical technicians.
(c) A person seeking EMT certification licensure must pass the National Registry examination for the level of certification licensure desired and meet other requirements established by the department. The department will make a determination of shall determine the applicant's qualifications and, if appropriate, issue a certificate license to the applicant.
(d) The department may deny certification licensure to applicants with certain past felony convictions and to those who are under felony indictment. Applications for certification licensure of individuals convicted of or under indictment for the following crimes will must be denied in all cases:
(1) felonies involving criminal sexual conduct;
(2) felonies involving the physical or sexual abuse of children, the elderly, or the infirm including, but not limited to, criminal sexual misconduct with a child, making or distributing child pornography or using a child in a sexual display, incest involving a child, assault on a vulnerable adult;
(3) a crime in which the victim is a patient or resident of a health care facility, including abuse, neglect, theft from, or financial exploitation of a person entrusted to the care or protection of the applicant.
Applications from individuals convicted of, or under indictment for, other offenses not listed above will be reviewed by the department on a case by case basis.
(e) EMT certification licensure is valid for a period not exceeding three years from the date of issuance and must be renewed by completing a refresher course and examination during the three-year certification licensure period as required by the department and provided for by this article. Upon successful completion of an approved in-service training program directed by the medical control physician during the three-year certification licensure period and passage of the skills evaluation as provided for by the department, the refresher course requirements and the practical skills evaluation may be waived. Failure to pass the written examination after three attempts will require requires completion of another refresher course and reexamination. The curriculum for in-service training programs required in this subsection must include, but not be limited to, subject matter prescribed by the department. The in-service training programs shall must consist of classroom and skills phases that may be conducted at licensed services, educational facilities, or hospitals throughout the State. The medical control physician who evaluates the skills of an emergency medical technician applying for certificate licensure renewal may also grant a waiver of taking the written exam. The waiver must certify that the emergency medical technician is knowledgeable, proficient, and capable of performing the duties of an emergency medical technician. The accomplished waiver substitutes for the written exam, but all others are required to take the prescribed written exam before renewal. Those who are nationally registered may exempt the state practical and written exam upon submission of appropriate documentation.
(f) The department may take enforcement action against the holder of a certificate an EMT license at any time it is determined that the holder no longer meets the prescribed qualifications set forth by the department or has failed to provide to patients emergency medical treatment of a quality deemed acceptable by the department or is guilty of misconduct as outlined by the rules and regulations promulgated by the department. Misconduct means that, while holding a certificate an EMT license, the holder:
(1) used a false, fraudulent, or forged statement or document or practiced a fraudulent, deceitful, or dishonest act in connection with the certification licensure requirements or official documents required by the department;
(2) was convicted of or currently under indictment for a felony or another crime involving moral turpitude, drugs, or gross immorality;
(3) was addicted to alcohol or drugs to such a degree as to render him unfit to perform as an EMT;
(4) sustained a mental or physical disability that renders further practice by him dangerous to the public;
(5) obtained fees or assisted another in obtaining fees under dishonorable, false, or fraudulent circumstances;
(6) disregarded an appropriate order by a physician concerning emergency treatment or transportation;
(7) at the scene of an accident or illness, refused to administer emergency care based on the age, sex, race, religion, creed, or national origin of the patient;
(8) after initiating care of a patient at the scene of an accident or illness, discontinued care or abandoned the patient without the patient's consent or without providing for the further administration of care by an equal or higher medical authority;
(9) revealed confidences entrusted to him in the course of medical attendance, unless this revelation was required by law or is necessary in order to protect the welfare of the individual or the community;
(10) by action or omission and without mitigating circumstance, contributed to or furthered the injury or illness of a patient under his care;
(11) was careless, reckless, or irresponsible in the operation of an emergency vehicle;
(12) performed skills above the level for which he was certified licensed or performed skills that he was not trained to do;
(13) observed the administration of substandard care by another EMT or other medical provider without documenting the event and notifying a supervisor;
(14) by his actions or inactions, created a substantial possibility that death or serious physical harm could result;
(15) did not take or complete remedial training or other courses of action as directed by the department as a result of an investigation or inquiry;
(16) was found to be guilty of the falsification of documentation as required by the department;
(17) breached a section of the Emergency Medical Services Act of South Carolina or a subsequent amendment of the act or any rules or regulations published pursuant to the act.
The department is further authorized to suspend a certificate an EMT license pending the investigation of any complaint or allegation regarding the commission of an offense including, but not limited to, those listed above.
(g) All instructors of emergency medical technician training courses must be certified by the department pursuant to requirements established by the board; and all such training courses shall must be supervised by certified instructors."
SECTION 5. Section 44-61-105 14. of the 1976 Code, as amended by Act 271 of 2004, is further amended to read:
"14. There must be at least one certified licensed Emergency Medical Technician in the patient compartment each time a patient is transported."
SECTION 6. Section 44-61-130 of the 1976 Code, as last amended by Act 320 of 2006, is further amended to read:
"Section 44-61-130. A certified licensed emergency medical technician may perform any function consistent with his certification licensure, according to guidelines and regulations that the board may prescribe. Emergency medical technicians, trained to provide advanced life support and possessing current Department of Health and Environmental Control certification licensure while on duty with a licensed service, are authorized to possess limited quantities of drugs, including controlled substances, as may be approved by the Department of Health and Environmental Control for administration to patients during the regular course of duties of emergency medical technicians, pursuant to the written or verbal order of a physician possessing a valid license to practice medicine in this State; however, the physician must be registered pursuant to state and federal laws pertaining to controlled substances."
SECTION 7. Section 44-61-160(c) of the 1976 Code, as added by Act 271 of 2004, is amended to read:
"(c) The contents of an official investigation or inquiry conducted by the Emergency Medical Services Section within the Department of Health and Environmental Control must be treated as confidential and only may be released in a legal proceeding involving the question of licensing, certification, or revocation of a license or certificate. The proceedings, records, and information acquired or produced by the emergency practices review committee is confidential pursuant to Section 40-71-20. The emergency practices review committee is a professional committee that reviews the information on official investigations into the actions of a certified licensed EMT at any level or a licensed emergency medical service."
SECTION 8. Section 44-61-310(7) and (8) of the 1976 Code is amended to read:
"(7) 'Emergency medical services personnel' means persons trained and certified or licensed to provide emergency medical care, whether on a paid or volunteer basis, as part of a basic life support or advanced life support pre-hospital emergency care service or in an emergency department or pediatric critical care or specialty unit in a licensed hospital.
(8) 'Pre-hospital care' means the provision of emergency medical care or transportation by trained and certified or licensed emergency medical services personnel at the scene of an emergency and while transporting sick or injured persons to a medical care facility or provider."
SECTION 9. This act takes effect upon approval by the Governor.
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