Senate Bill 2140

AN ACT TO BRING FORWARD SECTIONS 41-59-3, 41-59-79, 41-59-81 and 41-59-83, MISSISSIPPI CODE OF 1972, WHICH DEFINE" AUTO-INJECTOR" AND "FIRST RESPONDER" FOR THE PURPOSE OF THE EMERGENCY MEDICAL SERVICES LAW, AUTHORIZE FIRST RESPONDERS AND ALL LEVELS OF EMERGENCY MEDICAL TECHNICIANS, WHEN AUTHORIZED BY MEDICAL DIRECTION, TO CARRY AND ADMINISTER EPINEPHRINE FROM AUTO-INJECTORS TO TREAT PERSONS EXPERIENCING ALLERGIC REACTIONS AND ANAPHYLAXIS, PROVIDE FOR CERTIFICATION OF FIRST RESPONDERS BY THE STATE BOARD OF HEALTH, AND AUTHORIZE THE STATE BOARD OF HEALTH TO ISSUE REGULATIONS FOR FIRST RESPONDER BASIC LIFE SUPPORT; TO AMEND SECTION 41-59-79, MISSISSIPPI CODE OF 1972, TO PROVIDE A FIRST RESPONDER GRANDFATHER CLAUSE FOR VOLUNTEER FIREMEN SERVING ON JULY 1, 2004, AND TO PROVIDE THAT PERSONS PROVIDING SERVICES ON A VOLUNTEER BASIS SHALL BE EXEMPT FROM THE CERTIFICATION FEE; TO AMEND SECTION 5, CHAPTER 623, LAWS OF 2002, TO DELAY THE EFFECTIVE DATE ON THE PRECEDING PROVISIONS UNTIL JULY 1, 2005; 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 brought forward 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) "Auto-injector" means a spring-loaded needle and syringe with a single dose of medicine that will automatically release and inject the medicine;

(c) "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;

(d) "License" shall mean an authorization to any person, firm, corporation, or governmental division or agency to provide ambulance services in the State of Mississippi;

(e) "Emergency medical technician" shall mean an individual who possesses a valid emergency medical technician's certificate issued pursuant to the provisions of this chapter;

(f) "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;

(g) "Board" shall mean the State Board of Health;

(h) "Department" means the Mississippi State Department of Health, Division of Emergency Medical Services;

(i) "Executive officer" shall mean the Executive Officer of the State Board of Health, or his designated representative;

(j) "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, within the previous two (2) years, 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 First Responder by the Mississippi State Department of Health, Division of Emergency Medical Services;

(k) "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;

(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.

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

41-59-79. (1) Any person desiring certification as a first responder shall apply to the board using forms prescribed by the board. Each application for a 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 first responder training program, the board shall make a determination of the applicant's qualifications as a first responder as set forth in the regulations promulgated by the board, and shall issue a first responder certificate to the applicant.

(2) Any person who is actively providing services as a volunteer fireman on July 1, 2004, shall be exempt from the certification and recertification requirements of the board pursuant to this chapter. This exemption shall be issued by the board upon application therefor and the submission of proof satisfactory to the board of the applicant's service in a volunteer fire department.

(3) Any person who provides services on a volunteer basis, as evidenced by a sworn affidavit, shall not be required to pay any certification fee, recertification fee or exemption fee authorized under this section.

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

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

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

(a) Define and authorize functions and training programs for first responder personnel; provided that all such 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.

(b) Specify minimum operational requirements which will include, but not be limited to, medical control over the administration of a dose of epinephrine from an auto-injector.

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

SECTION 4. Section 41-59-83, Mississippi Code of 1972, is brought forward as follows:

41-59-83. When authorized by medical direction, a first responder, an emergency medical technician-basic, an emergency medical technician-intermediate or an emergency medical technician-paramedic may carry and administer, or aid in the administration of, a dose of epinephrine from an auto-injector to treat persons experiencing allergic reactions and anaphylaxis.

SECTION 5. Section 5, Chapter 623, Laws of 2002, is amended as follows:

Section 5. This act shall take effect and be in force from and after July 1, 2005.

SECTION 6. This act shall take effect and be in force from and after its passage.