HB 65 - County emergency medical service councils; provisions
Georgia House of Representatives - 1995/1996 Sessions
HB 65 - County emergency medical service councils; provisions
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8
1. Holmes 53rd
House Comm: H&E / Senate Comm: /
House Vote: Yeas Nays Senate Vote: Yeas Nays
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House Action Senate
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1/9/95 Read 1st Time
1/10/95 Read 2nd Time
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Rules Suspended to Introduce
Code Sections amended: 31-11-1, 31-11-2, 31-11-3, 31-11-4
HB 65 LC 16 3887
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 11 of Title 31 of the Official Code of
1- 2 Georgia Annotated, relating to emergency medical services,
1- 3 so as to change and provide for definitions; to provide that
1- 4 counties, by ordinance or resolution, may establish county
1- 5 emergency medical service councils; to provide that county
1- 6 emergency medical service councils may be designated as
1- 7 local coordinating entities for the purpose of making
1- 8 certain recommendations to the board of human resources
1- 9 concerning the assignment of territories to ambulance
1-10 providers and the method of distributing calls among
1-11 providers; to provide for related matters; to repeal
1-12 conflicting laws; and for other purposes.
1-13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-14 Chapter 11 of Title 31 of the Official Code of Georgia
1-15 Annotated, relating to emergency medical services, is
1-16 amended by striking Code Section 31-11-1, relating to
1-17 findings of the General Assembly and declaration of policy,
1-18 in its entirety and inserting in lieu thereof a new Code
1-19 Section 31-11-1 to read as follows:
1-20 "31-11-1. (Index)
1-21 (a) The General Assembly finds and determines:
1-22 (1) That the furnishing of emergency medical services is
1-23 a matter of substantial importance to the people of this
1-24 state;
1-25 (2) That the cost and quality of emergency medical
1-26 services are matters within the public interest;
1-27 (3) That it is highly desirable for the state to
1-28 participate in emergency medical systems communications
1-29 programs established pursuant to Public Law 93-154,
1-30 entitled the Emergency Medical Services Systems Act of
1-31 1973;
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LC 16 3887
2- 1 (4) That the administration of an emergency medical
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2- 3 responsibility of the Department of Human Resources,
2- 4 acting upon the recommendations of the local entity
2- 5 which coordinates the program; all ambulance services
2- 6 shall be a part of this system even if this system is
2- 7 the '911' emergency telephone number;
2- 8 (5) That an emergency medical systems communications
2- 9 program in a health district should be operated as
2-10 economically and efficiently as possible to serve the
2-11 public welfare and, to achieve this goal, should involve
2-12 the designation of geographical territories to be
2-13 serviced by participating ambulance providers and should
2-14 involve an economic economical and efficient procedure
2-15 to distribute emergency calls among participating
2-16 ambulance providers serving the same health or emergency
2-17 medical district; and
2-18 (6) Any first responder falls under the department's
2-19 rules and regulations governing ambulances and can
2-20 transport only in life-threatening situations or by
2-21 orders of a licensed physician or when a licensed
2-22 ambulance cannot respond.; and
2-23 (7) That county governing authorities, through
2-24 county-wide tax levies and other means, provide
2-25 substantial support to emergency medical services and
2-26 that county leadership is uniquely suited to provide for
2-27 the economy, efficiency, and benefit to public welfare
2-28 of the emergency medical services that serve their
2-29 constituents; and therefore, that counties should have
2-30 an opportunity to play a meaningful role in their
2-31 emergency medical communications systems programs.
2-32 (b) The General Assembly therefore declares that, in the
2-33 exercise of the sovereign powers of the state to safeguard
2-34 and protect the public health and general well-being of
2-35 its citizens, it is the public policy of this state to
2-36 encourage, foster, and promote emergency medical systems
2-37 communications programs and that such programs shall be
2-38 accomplished in a manner that is coordinated, orderly,
2-39 economical, and without unnecessary duplication of
2-40 services and facilities."
SECTION 2.
2-41 Said chapter is further amended by striking Code Section
2-42 31-11-2, relating to definitions relative to emergency
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LC 16 3887
3- 1 medical services, in its entirety and inserting in lieu
3- 2 thereof a new Code Section 31-11-2 to read as follows:
3- 3 "31-11-2. (Index)
3- 4 As used in this chapter, the term:
3- 5 (1) 'Ambulance' means a motor vehicle that is specially
3- 6 constructed and equipped and is intended to be used for
3- 7 the emergency transportation of patients, including dual
3- 8 purpose police patrol cars and funeral coaches or
3- 9 hearses which otherwise comply with the provisions of
3-10 this chapter.
3-11 (2) 'Ambulance attendant' means a person responsible for
3-12 the care of patients being transported in an ambulance.
3-13 (3) 'Ambulance provider' means an agency or company
3-14 providing ambulance service which is operating under a
3-15 valid license from the Emergency Health Section of the
3-16 Division of Public Health of the Department of Human
3-17 Resources.
3-18 (4) 'Ambulance service' means the providing of emergency
3-19 care and transportation on the public streets and
3-20 highways of this state for a wounded, injured, sick,
3-21 invalid, or incapacitated human being to or from a place
3-22 where medical or hospital care is furnished.
3-23 (5) 'Cardiac technician' means a person who, having been
3-24 trained and certified as an emergency medical technician
3-25 and having completed additional training in advanced
3-26 cardiac life support techniques in a training course
3-27 approved by the department, is so certified by the
3-28 Composite State Board of Medical Examiners.
3-29 (6) 'Composite board' means the Composite State Board of
3-30 Medical Examiners.
3-31 (6.1) 'Emergency medical district' means any county
3-32 which has been so designated in accordance with the
3-33 provisions of Code Section 31-11-3.
3-34 (7) 'Emergency medical services system' means a system
3-35 which provides for the arrangement of personnel,
3-36 facilities, and equipment for the effective and
3-37 coordinated delivery in an appropriate geographical area
3-38 of health care services under emergency conditions,
3-39 occurring either as a result of the patient's condition
3-40 or as a result of natural disasters or similar
3-41 situations, and which is administered by a public or
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LC 16 3887
4- 1 nonprofit private entity which has the authority and the
4- 2 resources to provide effective administration of the
4- 3 system.
4- 4 (8) 'Emergency Medical Systems Communications Program'
4- 5 (EMSC Program) means any program established pursuant to
4- 6 Public Law 93-154, entitled the Emergency Medical
4- 7 Services Systems Act of 1973, which serves as a central
4- 8 communications system to coordinate the personnel,
4- 9 facilities, and equipment of an emergency medical
4-10 services system and which:
4-11 (A) Utilizes emergency medical telephonic screening;
4-12 (B) Utilizes a publicized emergency telephone number;
4-13 and
4-14 (C) Has direct communication connections and
4-15 interconnections with the personnel, facilities, and
4-16 equipment of an emergency medical services system.
4-17 (9) 'Emergency medical technician' means a person who
4-18 has been certified by the department after having
4-19 successfully completed an emergency medical care
4-20 training program approved by the department.
4-21 (10) 'First responder' means any person or agency who
4-22 provides on-site care until the arrival of a duly
4-23 licensed ambulance service.
4-24 (11) 'Health districts' means the geographical districts
4-25 designated by the department in accord with Code Section
4-26 31-3-15 a geographical district designated by the
4-27 department in accord with Code Section 31-3-15,
4-28 excluding any portion which is an emergency medical
4-29 district created under the provisions of this chapter.
4-30 (12) 'Invalid car' means a motor vehicle not used for
4-31 emergency purposes but used only to transport persons
4-32 who are convalescent, sick, or otherwise nonambulatory.
4-33 (13) 'License' when issued to an ambulance service
4-34 signifies that its facilities and operations comply with
4-35 this chapter and the rules and regulations issued by the
4-36 department hereunder in accordance with this chapter.
4-37 (14) 'License officer' means the commissioner of human
4-38 resources or his a designee.
4-39 (15) 'Local coordinating entity' means the public or
4-40 nonprofit private entity designated by the Board of
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LC 16 3887
5- 1 Human Resources or its designee to administer and
5- 2 coordinate the EMSC Program in an emergency medical
5- 3 district or a health district established in accord with
5- 4 Code Section 31-3-15.
5- 5 (16) 'Paramedic' means any person who has been certified
5- 6 as an advanced emergency medical technician by the
5- 7 composite board before July 1, 1988, or any person who
5- 8 has been certified by that board on or after July 1,
5- 9 1988, as having been trained in emergency care
5-10 techniques in a paramedic training course approved by
5-11 the department, but all such persons shall be designated
5-12 on and after July 1, 1988, as paramedics.
5-13 (16.1) 'Paramedic clinical preceptor' means a Georgia
5-14 certified paramedic with a minimum of two years of
5-15 emergency medical services experience who meets the
5-16 standard requirements for paramedic preceptor training
5-17 as established by the department.
5-18 (17) 'Patient' means an individual who is sick, injured,
5-19 wounded, or otherwise incapacitated or helpless.
5-20 (18) 'Person' means any individual, firm, partnership,
5-21 association, corporation, company, group of individuals
5-22 acting together for a common purpose, or organization of
5-23 any kind, including any governmental agency other than
5-24 of the United States.
5-25 (19) 'Provisional license' when issued to an ambulance
5-26 service means a license issued on a conditional basis to
5-27 allow a newly established ambulance service a period of
5-28 30 days to demonstrate that its facilities and
5-29 operations comply with this chapter and rules and
5-30 regulations issued by the department under this
5-31 chapter."
SECTION 3.
5-32 Said chapter is further amended by striking Code Section
5-33 31-11-3, relating to recommendations by local coordinating
5-34 entities as to administration of EMSC programs, in its
5-35 entirety and inserting in lieu thereof a new Code Section
5-36 31-11-3 to read as follows:
5-37 "31-11-3. (Index)
5-38 (a) The Board of Human Resources shall have the authority
5-39 on behalf of the state to designate and contract with a
5-40 public or nonprofit local entity to coordinate and
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LC 16 3887
6- 1 administer the EMSC Program for each health district or
6- 2 emergency medical district designated by the Department of
6- 3 Human Resources.
6- 4 (b) Any county which, by means of an ordinance or
6- 5 resolution, establishes a county emergency services
6- 6 council and which requests designation from the Board of
6- 7 Human Resources as an 'emergency medical district' shall
6- 8 be so designated and the emergency medical services
6- 9 council thereof shall be designated by the Board of Human
6-10 Resources as the local coordinating entity of that
6-11 emergency medical services district.
6-12 (c) The local coordinating entity entities thus designated
6-13 shall be responsible for recommending to the board or its
6-14 designee the manner in which the EMSC Program is to be
6-15 conducted. In making its recommendations, the local
6-16 coordinating entity shall give priority to making the EMSC
6-17 Program function as efficiently and economically as
6-18 possible. Each licensed ambulance provider in the health
6-19 district or emergency medical district shall have the
6-20 opportunity to participate in the EMSC Program.
6-21 (b)(d) The local coordinating entity shall request from
6-22 each licensed ambulance provider in its health district a
6-23 written description of the territory in which it can
6-24 respond to emergency calls, based upon the provider's
6-25 average response time from its base location within such
6-26 territory; and such written description shall be due
6-27 within ten days of the request by the local coordinating
6-28 entity may request written proposals for the provision of
6-29 emergency medical services at any time; replies to such
6-30 requests shall be due within a reasonable time to be
6-31 established by the local coordinating entity. Licensed
6-32 ambulance services may submit unsolicited written
6-33 proposals to the local coordinating entity at any time;
6-34 the local coordinating entity shall consider unsolicited
6-35 written proposals on a schedule that it establishes for
6-36 that purpose.
6-37 (c)(e) After receipt and evaluation of the written
6-38 proposals provided for in subsection of (d) of this Code
6-39 section descriptions of territory in which the ambulance
6-40 providers propose to respond to emergency calls, the local
6-41 coordinating entity shall within ten days without
6-42 unreasonable delay recommend in writing to the board or
6-43 its designee the territories within the health district or
6-44 emergency medical services district to be serviced by the
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LC 16 3887
7- 1 ambulance providers; and at this same time the local
7- 2 coordinating entity shall also recommend the method for
7- 3 distributing emergency calls among the providers, based
7- 4 primarily on the considerations of economy, efficiency,
7- 5 and benefit to the public welfare. The recommendation of
7- 6 the local coordinating entity shall be forwarded
7- 7 immediately in a timely fashion to the board or its
7- 8 designee for approval or modification of the territorial
7- 9 zones and method of distributing calls among ambulance
7-10 providers participating in the EMSC Program in the health
7-11 district or emergency medical services district.
7-12 (d)(f) The board, or its designee, is empowered to conduct
7-13 a hearing into the recommendations made by the local
7-14 coordinating entity, and such hearing shall be conducted
7-15 according to the procedures set forth in Code Section
7-16 31-5-2.
7-17 (e)(g) The recommendations of the local coordinating
7-18 entity shall not be modified unless the board or its
7-19 designee shall find, after a hearing, that the
7-20 determination of the district health director is
7-21 recommendations are not consistent with operation of the
7-22 EMSC Program in an efficient, economical manner that
7-23 benefits the public welfare. The decision of the board or
7-24 its designee shall be rendered as soon as possible and
7-25 shall be final and conclusive concerning the operation of
7-26 the EMSC Program; and appeal from such decision shall be
7-27 pursuant to Code Section 31-5-3.
7-28 (f)(h) The local coordinating entity shall begin
7-29 administering the EMSC Program in accord with the decision
7-30 by the board or its designee immediately after the
7-31 decision by the board or its designee regarding the
7-32 approval or modification of the recommendations made by
7-33 the local coordinating entity; and the EMSC Program shall
7-34 be operated in such manner pending the resolution of any
7-35 appeals filed pursuant to Code Section 31-5-3."
SECTION 4.
7-36 Said chapter is further amended by striking Code Section
7-37 31-11-4, relating to supervision and modification of EMSC
7-38 programs, in its entirety and inserting in lieu thereof a
7-39 new Code Section 31-11-4 to read as follows:
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LC 16 3887
8- 1 "31-11-4. (Index)
8- 2 The board or its designee shall exercise continuing
8- 3 supervision over the operations of the EMSC Program in
8- 4 each health district and each emergency medical district
8- 5 and shall make all necessary modifications in accord with
8- 6 the procedures set forth in Code Section 31-11-3."
SECTION 5.
8- 7 All laws and parts of laws in conflict with this Act are
8- 8 repealed.
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Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97