House Bill 445

(As Sent to Governor)

AN ACT TO AMEND SECTION 41-59-3, MISSISSIPPI CODE OF 1972, AS AMENDED BY HOUSE BILL NO. 1626, 2004 REGULAR SESSION, TO DELETE THE DEFINITION OF "AUTO-INJECTOR," REVISE THE DEFINITIONS OF "CERTIFICATE" AND "FIRST RESPONDER" AND DEFINE "MEDICAL FIRST RESPONDER" FOR THE PURPOSES OF THE EMERGENCY MEDICAL SERVICES LAW; TO AMEND SECTION 41-59-79, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CERTIFICATION OF MEDICAL FIRST RESPONDERS BY THE STATE DEPARTMENT OF HEALTH; TO AMEND SECTION 41-59-81, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE BOARD OF HEALTH TO PROMULGATE RULES AND REGULATIONS REGARDING THE CERTIFICATION OF MEDICAL FIRST RESPONDERS AND THE SERVICES THAT MAY BE PROVIDED BY MEDICAL FIRST RESPONDERS; TO PROVIDE THAT THE STATE DEPARTMENT OF HEALTH SHALL NOT BE AUTHORIZED TO REGULATE THE ACTIVITIES OF, OR REQUIRE THE STATE CERTIFICATION OF, THOSE FIRST RESPONDERS WHO ARE NOT MEDICAL FIRST RESPONDERS; TO REPEAL SECTION 41-59-83, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES FIRST RESPONDERS AND EMERGENCY MEDICAL TECHNICIANS TO CARRY AND ADMINISTER EPINEPHRINE FROM AUTO-INJECTORS; 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, as amended by House Bill No. 1626, 2004 Regular Session, is amended as follows:

41-59-3. As used in this chapter, unless the context otherwise requires, the term:

(a) "Ambulance" * * * means 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;

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(b) "Permit" * * * means an authorization issued for an ambulance vehicle and/or a special use EMS vehicle as meeting the standards adopted under this chapter;

(c) "License" * * * means 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" * * * means an individual who possesses a valid emergency medical technician's certificate issued under the provisions of this chapter;

(e) "Certificate" * * * means official acknowledgment that an individual has successfully completed (i) 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, or (ii) the recommended medical first responder training course referred to in this chapter which entitles that individual to perform the functions and duties of a medical first responder;

(f) "Board" * * * means the State Board of Health;

(g) "Department" means the * * * State Department of Health, Division of Emergency Medical Services;

(h) "Executive officer" * * * means the Executive Officer of the State Board of Health, or his designated representative;

(i) "First responder" means a person who uses a limited amount of equipment to perform the initial assessment of and intervention with sick, wounded or otherwise incapacitated persons * * *;

(j) "Medical first responder" means a person who uses a limited amount of equipment to perform the initial assessment of and intervention with sick, wounded or otherwise incapacitated persons who (i) is trained to assist other EMS personnel by successfully completing, and remaining current in refresher training in accordance with, an approved "First Responder: National Standard Curriculum" training program, as developed and promulgated by the United States Department of Transportation, (ii) is nationally registered as a first responder by the National Registry of Emergency Medical Technicians; and (iii) is certified as a medical first responder by the State Department of Health, Division of Emergency Medical Services;

(k) "Invalid vehicle" * * * means any privately or publicly owned land or air vehicle that 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;

(l) "Special use EMS vehicle" means any privately or publicly 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;

(m) "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;

(n) "Trauma care facility" or "trauma center" means a hospital located in the State of Mississippi or a Level I trauma care facility or center located in a state contiguous to the State of Mississippi 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;

(o) "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;

(p) "Emergency medical condition" means a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, psychiatric disturbances and/or symptoms of substance abuse, such that a prudent layperson who possesses an average knowledge of health and medicine could reasonably expect the absence of immediate medical attention to result in placing the health of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part;

(q) "Emergency medical call" means a situation that is presumptively classified at time of dispatch to have a high index of probability that an emergency medical condition or other situation exists that requires medical intervention as soon as possible to reduce the seriousness of the situation, or when the exact circumstances are unknown, but the nature of the request is suggestive of a true emergency where a patient may be at risk;

(r) "Emergency response" means responding immediately at the basic life support or advanced life support level of service to an emergency medical call. An immediate response is one in which the ambulance supplier begins as quickly as possible to take the steps necessary to respond to the call;

(s) "Emergency mode" means an ambulance or special use EMS vehicle operating with emergency lights and warning siren (or warning siren and air horn) while engaged in an emergency medical call.

SECTION 2. Section 41-59-79, Mississippi Code of 1972, is amended as follows:

41-59-79. Any person desiring certification as a medical first responder shall apply to the board using forms prescribed by the board. Each application for a medical first responder certificate shall be accompanied by a certificate fee to be fixed by the board, which shall be paid to the board. Upon the successful completion of the board's approved medical first responder training program, the board shall make a determination of the applicant's qualifications as a medical first responder as set forth in the regulations promulgated by the board, and shall issue a medical first responder certificate to the applicant.

SECTION 3. Section 41-59-81, Mississippi Code of 1972, is amended as follows:

41-59-81. (1) The * * * State Board of Health is authorized to promulgate and enforce rules and regulations to provide for the best and most effective emergency medical care by medical first responders, and to comply with national standards for medical first responders * * *. Notwithstanding any other provision of law, medical first responder personnel may be authorized to provide medical first responder * * * services as defined by rules and regulations promulgated by the State Board of Health.

Rules and regulations promulgated under this authority shall, as a minimum:

(a) Define and authorize functions and training programs for medical first responder personnel; however, all those training programs shall meet or exceed the performance requirements of the most current training program "First Responder: National Standard Curriculum" as developed by the United States Department of Transportation, National Highway Traffic Safety Administration.

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(b) Specify minimum testing and certification requirements and provide for continuing education and periodic recertification for all medical first responder personnel.

(2) Counties, municipalities and designated EMS districts may regulate the activities of medical first responders in addition to the regulation imposed by rules and regulations promulgated by the State Board of Health.

(3) The State Board of Health and the State Department of Health shall not be authorized to regulate the activities of, or require the state certification of, those first responders who are not medical first responders.

SECTION 4. Section 41-59-83, Mississippi Code of 1972, which authorizes first responders and emergency medical technicians to carry and administer epinephrine from auto-injectors, is repealed.

SECTION 5. This act shall take effect and be in force from and after July 1, 2004.