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COMMITTEE REPORT
February 27, 2008
H. 4334
Introduced by Reps. J.M. Neal, Harrell, Clyburn, Haskins, Hosey, Cotty, Toole, Mahaffey and Moss
S. Printed 2/27/08--H. [SEC 2/28/08 4:53 PM]
Read the first time January 8, 2008.
To whom was referred a Bill (H. 4334) to amend Section 44-61-80, as amended, Code of Laws of South Carolina, 1976, relating to requirements to be certified as an emergency medical technician, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
LEON HOWARD for Committee.
EXPLANATION OF IMPACT:
Department of Health & Environmental Control (DHEC)
The department indicates that an Administrative Assistant (0.50 FTE) would be needed to process fingerprint cards and money orders, answer telephone inquiries, respond to written requests and perform other related duties. The annual cost is estimated at $21,000 ($18,000 for salary and fringe benefits and $3,000 for operating expenses). Assuming the State Law Enforcement Division accepts $8.00 for the criminal records check, there would not be any additional cost to DHEC for the record check.
State Law Enforcement Division (SLED)
Section 44-61-80 indicates the cost of the background check may be paid by the EMT or the EMT agency and that the cost of the state criminal records check must not exceed eight dollars. Assuming other funds revenue will cover the operating cost of conducting the state background check there should be no additional cost to the state general fund upon enactment. SLED indicates the cost for the federal criminal record check is $13.25 if submitted electronically and $30.25 if mailed. However, because the bill requires that the results of these criminal records checks must be reported to DHEC, there will be a one-time cost to modify the current system for transmitting this information to DHEC, which can be absorbed within existing resources.
LOCAL GOVERNMENT IMPACT:
The eight local governments that responded to our survey indicated minimal or no impact with the adoption of this bill. Most indicated they have this requirement already in force.
SPECIAL NOTES:
The italicized portion of this impact indicates the items that have been revised. For this impact, the revised constitutes information that was not available in the original impact.
Approved By:
Harry Bell
Office of State Budget
TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS TO BE CERTIFIED AS AN EMERGENCY MEDICAL TECHNICIAN, SO AS TO ALSO REQUIRE AN APPLICANT TO UNDERGO A CRIMINAL RECORDS CHECK FOR CERTIFICATION AND FOR RENEWAL OF CERTIFICATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-61-80(d) and (e) of the 1976 Code, as amended by Act 271 of 2004, is further amended to read:
"(d) A person seeking EMT certification or recertification must undergo a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division(SLED), and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation (FBI). The results of these criminal records checks must be reported to the department. SLED is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. The cost of the state criminal records check must not exceed eight dollars and must be paid to the department by the EMT or the EMS agency upon application for the state check. The cost of the national records check is established by the FBI and must be paid to the department by the EMT or the EMS agency upon application for the national check. The state and national criminal records checks are not required for an EMT employed as of July 1, 2008, until the EMT applies for recertification. The department may deny certification to applicants with certain past felony convictions and to those who are under felony indictment. Applications for certification of individuals convicted of or under indictment for the following crimes will 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, or 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 is valid for a period not exceeding three years from the date of issuance and must be renewed by undergoing a state and national criminal records check as provided for in subsection (d) and completing a refresher course and examination during the three-year certification 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 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 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 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 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."
SECTION 2. This act takes effect July 1, 2008.
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