H*4365(Rat #0284, Act #0263 of 1996)  General Bill, By Lanford, Bailey, 
B.D. Cain, R.J. Herdklotz, Jennings, W.D. Keyserling, Law, Seithel, Simrill and 
Walker

Similar(S 997)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 44-61-65 so as to establish licensure requirements for first responder
 emergency medical services organizations; to amend Section 44-61-20, relating
 to definitions for "The Emergency Medical Services Act of South Carolina" so
 as to define EMT first responder agency; to amend Section 44-61-30, relating
 to standards for emergency medical services and the creation of the Emergency
 Medical Services Advisory Council so as to include in the EMS program the
 licensing of EMT first responder agencies, the designation of trauma centers,
 and the categorization of hospital emergency departments and to expand the
 membership of the Emergency Medical Services Advisory Council; to amend
 Section 44-61-40, relating to emergency medical licenses and permits, so as to
 require a license and permit for providing EMT first response or ambulance
 service rather than for transporting patients; to amend Section 44-61-90,
 relating to ambulance service records so as to require recordkeeping of
 patient care rather than of ambulance runs; and to amend Section 44-61-140,
 relating to requirements for existing rescue units so as to provide that in
 performing their functions these units may not conflict with licensed agencies
 rather than with ambulance services.-amended title

   12/13/95  House  Prefiled
   12/13/95  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs
   01/09/96  House  Introduced and read first time HJ-68
   01/09/96  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-68
   02/01/96  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-4
   02/06/96  House  Amended HJ-192
   02/06/96  House  Read second time HJ-193
   02/07/96  House  Read third time and sent to Senate HJ-14
   02/08/96  Senate Introduced and read first time SJ-7
   02/08/96  Senate Referred to Committee on Medical Affairs SJ-7
   02/27/96  Senate Recalled from Committee on Medical Affairs SJ-32
   02/28/96  Senate Amended SJ-18
   02/28/96  Senate Read second time SJ-18
   02/29/96  Senate Read third time and returned to House with
                     amendments SJ-13
   03/06/96  House  Concurred in Senate amendment and enrolled HJ-18
   03/26/96         Ratified R 284
   04/01/96         Signed By Governor
   04/01/96         Effective date 01/01/97
   04/09/96         Copies available
   04/09/96         Act No. 263

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-61-65 SO AS TO ESTABLISH LICENSURE REQUIREMENTS FOR FIRST RESPONDER EMERGENCY MEDICAL SERVICES ORGANIZATIONS; TO AMEND SECTION 44-61-20, RELATING TO DEFINITIONS FOR "THE EMERGENCY MEDICAL SERVICES ACT OF SOUTH CAROLINA" SO AS TO DEFINE EMT FIRST RESPONDER AGENCY; TO AMEND SECTION 44-61-30, RELATING TO STANDARDS FOR EMERGENCY MEDICAL SERVICES AND THE CREATION OF THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL SO AS TO INCLUDE IN THE EMS PROGRAM THE LICENSING OF EMT FIRST RESPONDER AGENCIES, THE DESIGNATION OF TRAUMA CENTERS, AND THE CATEGORIZATION OF HOSPITAL EMERGENCY DEPARTMENTS AND TO EXPAND THE MEMBERSHIP OF THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL; TO AMEND SECTION 44-61-40, RELATING TO EMERGENCY MEDICAL LICENSES AND PERMITS, SO AS TO REQUIRE A LICENSE AND PERMIT FOR PROVIDING EMT FIRST RESPONSE OR AMBULANCE SERVICE RATHER THAN FOR TRANSPORTING PATIENTS; TO AMEND SECTION 44-61-90, RELATING TO AMBULANCE SERVICE RECORDS SO AS TO REQUIRE RECORDKEEPING OF PATIENT CARE RATHER THAN OF AMBULANCE RUNS; AND TO AMEND SECTION 44-61-140, RELATING TO REQUIREMENTS FOR EXISTING RESCUE UNITS SO AS TO PROVIDE THAT IN PERFORMING THEIR FUNCTIONS THESE UNITS MAY NOT CONFLICT WITH LICENSED AGENCIES RATHER THAN WITH AMBULANCE SERVICES.

Be it enacted by the General Assembly of the State of South Carolina:

First responder licensing requirements

SECTION 1. The 1976 Code is amended by adding:

"Section 44-61-65. Organizations applying for first responder licensure must comply with equipment, training, and certification standards and other requirements promulgated by the department in regulation."

Terms defined

SECTION 2. Section 44-61-20 of the 1976 Code is amended by adding at the end:

"(t) `EMT First Responder Agency' means a licensed agency providing medical care at the EMT Basic level or above, as a nontransporting first responder."

Duties and council expanded

SECTION 3. Section 44-61-30 of the 1976 Code is amended to read:

"Section 44-61-30. (a) The Department of Health and Environmental Control, with the advice of the Emergency Medical Services Advisory Council, shall develop standards and prescribe regulations for the improvement of emergency medical services (hereinafter referred to as EMS) in the State. All administrative responsibility for this program is vested in the department.

(b) The EMS program shall include:

(1) the regulation and licensing of public, private, volunteer, or other type ambulance services; however, in developing these programs for regulating and licensing ambulance services, the programs must be formulated in such a manner so as not to restrict or restrain competition;

(2) inspection and issuance of permits for ambulance vehicles;

(3) the licensing of EMT first responder agencies;

(4) training and certification of EMS personnel;

(5) development, adoption, and implementation of EMS standards and state plan;

(6) the development and coordination of an EMS communications system; and

(7) designation of trauma centers and the categorization of hospital emergency departments.

(c) An Emergency Medical Services Advisory Council must be established composed of representatives of the Department of Health and Environmental Control, the South Carolina Medical Association, the South Carolina Committee on Trauma, the South Carolina Hospital Association, the South Carolina Heart Association, Medical University of South Carolina, University of South Carolina School of Medicine, South Carolina College of Emergency Physicians, South Carolina Emergency Nurses Association, Emergency Preparedness Division of the Office of the Adjutant General, South Carolina Emergency Medical Services Association, State Board For Technical and Comprehensive Education, Governor's Office of Highway Safety, Department of Health and Human Services, four regional Emergency Medical Services councils, and one EMT first responder agency. Membership on the council must be by appointment by the board. Three members of the advisory council must be members of organized rescue squads operating in this State, three members shall represent the private emergency services systems, and three members shall represent the county emergency medical services systems."

License required to provide services

SECTION 4. Section 44-61-40(a) of the 1976 Code is amended to read:

"(a) No person, firm, corporation, association, county, district, municipality, or metropolitan government or agency, either as owner, agent, or otherwise, shall furnish, operate, conduct, maintain, advertise, or otherwise engage in or profess to engage in the business or service of providing EMT first response or ambulance service, or both, without obtaining a valid license and ambulance permit issued by the department."

Recordkeeping requirements

SECTION 5. Section 44-61-90 of the 1976 Code is amended to read:

"Section 44-61-90. Each licensee shall maintain records that include approved patient care report forms, employee/member rosters, time sheets, call rosters, and training records. These records must be available for inspection by the department at any reasonable time and copies must be furnished to the department upon request."

Existing rescue units

SECTION 6. Section 44-61-140 of the 1976 Code is amended to read:

"Section 44-61-140. Nothing in this chapter may be construed as limiting presently operating rescue units from utilizing their existing equipment and performing the functions they are now allowed to do so long as they do not conflict with licensed agencies contained in subsection (a) of Section 44-61-40."

Time effective

SECTION 7. This act takes effect January 1, 1997.

Approved the 1st day of April, 1996.