1998 Regular Session
To: Public Health and Welfare; Appropriations
By: Representatives Fredericks, Barnett (92nd)
House Bill 1205
AN ACT RELATING TO A STATEWIDE TRAUMA CARE SYSTEM; TO AMEND SECTION 41-59-3, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERMS "TRAUMA CARE SYSTEM," "TRAUMA CARE FACILITY" AND "TRAUMA REGISTRY"; TO AMEND SECTION 41-59-5, MISSISSIPPI CODE OF 1972, TO DELETE THE SPECIFIC AUTHORITY OF THE STATE BOARD OF HEALTH TO APPOINT AN EMERGENCY MEDICAL SERVICES DIRECTOR; TO AUTHORIZE AND DIRECT THE STATE BOARD OF HEALTH TO DEVELOP, ISSUE REGULATIONS FOR AND ADMINISTER A UNIFORM STATEWIDE TRAUMA CARE SYSTEM; TO SPECIFY THE COMPONENTS OF THE STATEWIDE TRAUMA CARE SYSTEM; TO PRESCRIBE THE ADDITIONAL RESPONSIBILITIES OF THE STATE DEPARTMENT OF HEALTH IN IMPLEMENTING THE TRAUMA CARE SYSTEM AND TRAUMA EDUCATION PROGRAMS; AND TO AUTHORIZE THE STATE BOARD OF HEALTH TO RECEIVE AND DISBURSE MISSISSIPPI TRAUMA CARE SYSTEM FUNDS; TO AMEND SECTION 41-59-7, MISSISSIPPI CODE OF 1972, TO EXPAND THE MEMBERSHIP OF THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL AND PROVIDE FOR THE MISSISSIPPI TRAUMA ADVISORY COMMITTEE AS A COMMITTEE OF THE EMS ADVISORY COUNCIL; TO CODIFY SECTION 41-59-75, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ESTABLISHMENT OF A MISSISSIPPI TRAUMA CARE SYSTEMS FUND; TO CODIFY SECTION 41-59-77, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE CONFIDENTIALITY OF DATA IN THE TRAUMA REGISTRY; TO AMEND SECTION 41-63-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THOSE STATUTES AUTHORIZING ACCREDITATION AND QUALITY ASSURANCE REVIEW OF PROFESSIONAL HEALTH SERVICES PROVIDERS SHALL BE FULLY APPLICABLE TO ANY TRAUMA QUALITY IMPROVEMENT COMMITTEE ESTABLISHED AT A LICENSED TRAUMA CARE HOSPITAL OR ANY REGIONAL OR STATE TRAUMA CARE SYSTEM COMMITTEE DESIGNATED BY THE STATE DEPARTMENT OF HEALTH; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-59-3, Mississippi Code of 1972, is amended as follows:
41-59-3. As used in this chapter, unless the context otherwise requires, the term:
(a) "Ambulance" shall mean any privately or publicly owned land or air vehicle that is especially designed, constructed, modified or equipped to be used, maintained and operated upon the streets, highways or airways of this state to assist persons who are sick, injured, wounded, or otherwise incapacitated or helpless;
(b) "Permit" shall mean an authorization issued for an ambulance vehicle and/or a special use EMS vehicle as meeting the standards adopted pursuant to this chapter;
(c) "License" shall mean an authorization to any person, firm, corporation, or governmental division or agency to provide ambulance services in the State of Mississippi;
(d) "Emergency medical technician" shall mean an individual who possesses a valid emergency medical technician's certificate issued pursuant to the provisions of this chapter;
(e) "Certificate" shall mean official acknowledgment that an individual has successfully completed the recommended basic emergency medical technician training course referred to in this chapter which entitles that individual to perform the functions and duties of an emergency medical technician;
(f) "Board" shall mean the State Board of Health;
(g) "Department" means the Mississippi State Department of Health, Division of Emergency Medical Services;
(h) "Executive officer" shall mean the Executive Officer of the State Board of Health or his designated representative;
(i) "Invalid vehicle" shall mean any privately or publicly owned land or air vehicle which is maintained, operated and used only to transport persons routinely who are convalescent or otherwise nonambulatory and do not require the service of an emergency medical technician while in transit;
(j) "Special use EMS vehicle" means any privately or public owned land, water or air emergency vehicle used to support the provision of emergency medical services. These vehicles shall not be used routinely to transport patients;
(k) "Trauma care system" or "trauma system" means a formally organized arrangement of health care resources that has been designated by the * * * department * * * by which major trauma victims are triaged, transported to and treated at trauma care facilities;
(l) "Trauma care facility" or "trauma center" means a hospital that has been designated by the department to perform specified trauma care services within a trauma care system pursuant to standards adopted by the department. Participation in this designation by each hospital is voluntary;
(m) "Trauma registry" means a collection of data on patients who receive hospital care for certain types of injuries. Such data are primarily designed to ensure quality trauma care and outcomes in individual institutions and trauma systems, but have the secondary purpose of providing useful data for the surveillance of injury morbidity and mortality.
SECTION 2. Section 41-59-5, Mississippi Code of 1972, is amended as follows:
41-59-5. (1) The State Board of Health shall establish and maintain a program for the improvement and regulation of emergency medical services (hereinafter EMS) in the State of Mississippi. The responsibility for implementation and conduct of this program shall be vested in the State Health Officer of the State Board of Health along with such other officers and boards as may be specified by law or regulation.
(2) The board shall provide for the regulation and licensing of public and private ambulance service, inspection and issuance of permits for ambulance vehicles, training and certification of EMS personnel, including drivers and attendants, the development and maintenance of a statewide EMS records program, development and adoption of EMS regulations, the coordination of an EMS communications system, and other related EMS activities.
(3) The board is authorized to promulgate and enforce such rules, regulations and minimum standards as needed to carry out the provisions of this chapter.
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(4) The board is authorized to receive any funds appropriated to the board from the Emergency Medical Services Operating Fund created in Section 41-59-61 and is further authorized, with the Emergency Medical Services Advisory Council acting in an advisory capacity, to administer the disbursement of such funds to the counties, municipalities and organized emergency medical service districts and the utilization of such funds by the same, as provided in Section 41-59-61.
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(5) The department acting as the lead agency, in consultation with and having solicited advice from the EMS Advisory Council, shall develop a uniform nonfragmented inclusive statewide trauma care system that provides excellent patient care. It is the intent of the Legislature that the purpose of this system is to reduce death and disability resulting from traumatic injury, and in order to accomplish this goal it is necessary to assign additional responsibilities to the department. The department is assigned the responsibility for creating, implementing and managing the statewide trauma care system. The department shall be designated as the lead agency for trauma care systems development. The department shall develop and administer trauma regulations that include, but are not limited to, the Mississippi Trauma Care System Plan, trauma system standards, trauma center designations, field triage, interfacility trauma transfer, EMS aero medical transportation, trauma data collection, trauma care system evaluation and management of state trauma systems funding. The department shall take the necessary steps to develop, adopt and implement the Mississippi Trauma Care System Plan and all associated trauma care system regulations necessary to implement the Mississippi trauma care system. The department shall cause the implementation of both professional and lay trauma education programs. These trauma educational programs shall include both clinical trauma education and injury prevention. As it is recognized that rehabilitation services are essential for traumatized individuals to be returned to active, productive lives, the department shall coordinate the development of the inclusive trauma system with the Mississippi Department of Rehabilitation Services and all other appropriate rehabilitation systems.
(6) The State Board of Health is authorized to receive any funds appropriated to the board from the Mississippi Trauma Care System Fund created in Section 41-59-73. It is further authorized, with the Emergency Medical Services Advisory Council and the Mississippi Trauma Advisory Committee acting in advisory capacities, to administer the disbursements of such funds according to adopted trauma care system regulations.
SECTION 3. Section 41-59-7, Mississippi Code of 1972, is amended as follows:
41-59-7. (1) There is hereby created an emergency medical services advisory council to consist of the following * * * members who shall be appointed by the Governor:
(a) One (1) licensed physician to be appointed from a list of nominees presented by the Mississippi Trauma Committee, American College of Surgeons;
(b) One (1) licensed physician to be appointed from a list of nominees who are actively engaged in rendering emergency medical services presented by the Mississippi State Medical Association;
(c) One (1) registered nurse whose employer renders emergency medical services, to be appointed from a list of nominees presented by the Mississippi Nurses Association;
(d) Two (2) hospital administrators who are employees of hospitals which provide emergency medical services, to be appointed from a list of nominees presented by the Mississippi Hospital Association;
(e) Two (2) operators of ambulance services; * * *
(f) Three (3) officials of county or municipal government;
(g) One (1) licensed physician to be appointed from a list of nominees presented by the Mississippi Chapter of the American College of Emergency Physicians;
(h) One (1) representative from each designated trauma care region to be appointed from a list of nominees submitted by each region;
(i) One (1) registered nurse to be appointed from a list of nominees submitted by the Mississippi Emergency Nurses Association;
(j) One (1) EMT-Paramedic whose employer renders emergency medical services in a designated trauma care region;
(k) One (1) representative from the Mississippi Department of Rehabilitation Services;
(l) One (1) member who shall be a person who has been a recipient of trauma care in Mississippi or who has an immediate family member who has been a recipient of trauma care in Mississippi; and
(m) One (1) licensed neurosurgeon to be appointed from a list of nominees presented by the Mississippi State Medical Association.
The terms of the advisory council members shall begin on July 1, 1974. Four (4) members shall be appointed for a term of two (2) years, three (3) members shall be appointed for a term of three (3) years, and three (3) members shall be appointed for a term of four (4) years. Thereafter, members shall be appointed for a term of four (4) years. The executive officer or his designated representative shall serve as ex officio chairman of the advisory council.
The advisory council shall meet at the call of the chairman at least annually. For attendance at such meetings, the members of the advisory council shall be reimbursed for their actual and necessary expenses including food, lodging and mileage as authorized by law, and they shall be paid per diem compensation authorized under Section 25-3-69.
The advisory council shall advise and make recommendations to the board regarding rules and regulations promulgated pursuant to this chapter.
(2) There is created a committee of the Emergency Medical Services Advisory Council to be named the Mississippi Trauma Advisory Committee (hereinafter "MTAC"). This committee shall act as the advisory body for trauma care system development and provide technical support to the department in all areas of trauma care system design, trauma standards, data collection and evaluation, continuous quality improvement, trauma care system funding, and evaluation of the trauma care system and trauma care programs. The membership of the Mississippi Trauma Advisory Committee shall be comprised of Emergency Medical Services Advisory Council members appointed by the chairman.
SECTION 4. The following provision shall be codified as Section 41-59-75, Mississippi Code of 1972:
41-59-75. The Mississippi Trauma Care Systems Fund is established. Twenty-five Dollars ($25.00) collected from each assessment of Thirty Dollars ($30.00) as provided in Section 41-59-61 shall be deposited into the fund. Funds appropriated from the Mississippi Trauma Care Systems Fund to the State Board of Health shall be made available for department administration and implementation of the comprehensive state trauma care plan for distribution by the department to designated trauma care regions for regional administration, for the department's trauma specific public information and education plan, and to provide hospital and physician indigent trauma care block grant funding to trauma centers designated by the department. All designated trauma care hospitals are eligible to contract with the department for these funds.
SECTION 5. The following provision shall be codified as Section 41-59-77, Mississippi Code of 1972:
41-59-77. Data obtained under this act for use in the trauma registry is for the confidential use of the Mississippi State Department of Health and the persons, public entities or private entities that participate in the collection of the trauma registry data.
Any data which identifies an individual or a family unit that is collected for use in the trauma registry shall be confidential and shall not be subject to discovery or introduction into evidence in any civil action.
SECTION 6. Section 41-63-1, Mississippi Code of 1972, is amended as follows:
41-63-1. (1) The terms "medical or dental review committee" or "committee," when used in this chapter, shall mean a committee of a state or local professional medical, nursing, pharmacy or dental society or a licensed hospital, nursing home or other health care facility, or of a medical, nursing, pharmacy or dental staff or a licensed hospital, nursing home or other health care facility or of a medical care foundation or health maintenance organization, preferred provider organization, individual practice association, or any trauma improvement committee established at a licensed hospital designated as a trauma care facility by the Mississippi State Department of Health, Emergency Medical Services program, or any regional or state committee designated by the Mississippi State Department of Health, Emergency Medical Services program, and which participates in the trauma care system, or similar entity, the function of which, or one (1) of the functions of which, is to evaluate and improve the quality of health care rendered by providers of health care service, to evaluate the competence or practice of physicians or other health care practitioners, or to determine that health care services rendered were professionally indicated or were performed in compliance with the applicable standard of care or that the cost of health care rendered was considered reasonable by the providers of professional health care services in the area and includes a committee functioning as a utilization review committee, a utilization or quality control peer review organization, or a similar committee or a committee of similar purpose, and the governing body of any licensed hospital while considering a recommendation or decision concerning a physician's competence, conduct, staff membership or clinical privileges.
(2) The term "proceedings" mean all reviews, meetings, conversations, and communications of any medical or dental review committee.
(3) The term "records" shall mean any and all committee minutes, transcripts, applications, correspondence, incident reports, and other documents created, received or reviewed by or for any medical or dental review committee.
SECTION 7. This act shall take effect and be in force from and after July 1, 1998.