MISSISSIPPI LEGISLATURE
2007 Regular Session
To: Public Health and Welfare; Appropriations
By: Senator(s) White
AN ACT TO ESTABLISH A MISSISSIPPI BOARD OF EMERGENCY MEDICAL SERVICES; TO PROVIDE FOR APPOINTMENT OF MEMBERS TO THE BOARD AND PROVIDE FOR ITS ORGANIZATION; TO TRANSFER THE POWERS AND RESPONSIBILITY OF THE DIVISION OF EMERGENCY MEDICAL SERVICES OF THE STATE DEPARTMENT OF HEALTH TO THE MISSISSIPPI BOARD OF EMERGENCY MEDICAL SERVICES; TO PROVIDE FOR AN ADMINISTRATOR OF THE BOARD OF EMERGENCY MEDICAL SERVICES; TO EMPOWER THE BOARD TO ADOPT CERTAIN RULES AND REGULATIONS; TO AMEND SECTIONS 41-59-3, 41-59-5, 41-59-7, 41-59-9, 41-59-11, 41-59-13, 41-59-15, 41-59-17, 41-59-19, 41-59-23, 41-59-25, 41-59-27, 41-59-31, 41-59-33, 41-59-35, 41-59-37, 41-59-39, 41-59-41, 41-59-45, 41-59-47, 41-59-49, 41-59-61, 41-59-63, 41-59-65, 41-59-67, 41-59-69, 41-59-75, 41-59-77, 41-59-79, 41-59-81, 41-60-11 AND 41-60-13, MISSISSIPPI CODE OF 1972, TO TRANSFER CERTAIN FUNCTIONS OF THE STATE DEPARTMENT OF HEALTH RELATING TO EMERGENCY MEDICAL SERVICES AND EMERGENCY MEDICAL TECHNICIANS TO THE BOARD OF EMERGENCY MEDICAL SERVICES IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Mississippi State Department of Health, Division of Emergency Medical Services, position of director and emergency medical services advisory council abolished; powers, duties and functions transferred. (1) The Mississippi State Department of Health, Division of Emergency Medical Services established by the Mississippi State Board of Health pursuant to Section 41-3-15 is hereby abolished and all of the powers, duties and functions of such division are transferred to and conferred and imposed upon the Mississippi Board of Emergency Medical Services established pursuant to this act.
(2) The position of the Director of the Mississippi State Board of Health, Division of Emergency Medical Services appointed prior to July 1, 2007, is hereby abolished and all of the powers, duties and functions of the Director of Emergency Medical Services are transferred to and conferred and imposed upon the Mississippi Board of Emergency Medical Services or the administrator thereof as provided by this act. The director shall continue to carry out the duties of that position until an administrator is appointed and qualified pursuant to this act.
(3) The Emergency Medical Services Advisory Council established under Section 41-59-7, and amendments thereto, is hereby abolished and all of the powers, duties and functions of the council are transferred to and conferred and imposed upon the Board of Emergency Medical Services.
(4) The duties, functions and powers of the Mississippi State Department of Health as related to the Division of Emergency Medical Services are hereby transferred to the Mississippi Board of Emergency Medical Services.
SECTION 2. Mississippi Board of Emergency Medical Services established; members, appointment; removal from or forfeiture of position; terms; meetings; compensation and expenses; approval of vouchers; temporary chairperson. (1) There is hereby established the Mississippi Board of Emergency Medical Services. The Office of the Board of Emergency Medical Services shall be located in the City of Jackson, Mississippi.
(2) The Board of Emergency Medical Services shall be composed of eight (8) members to be appointed as follows by the Governor, with the advice and consent of the Senate:
(a) One (1) shall be a licensed and board certified emergency medicine physician that is actively involved in Emergency Medical Services.
(b) One (1) shall be a paramedic instructor-coordinator that is currently involved with Emergency Medical Services education associated with a state-supported community college or state institution of higher learning;
(c) One (1) shall be a member of a fire fighting unit which provides emergency medical services and is certified as an EMT-P or EMT-B;
(d) Four (4) shall be providers who are actively involved in emergency medical service, three (3) of which shall be state certified, active advanced life-support participants and one (1) of which shall be a basic life-support provider;
(e) One (1) shall be an administrator of an ambulance service and shall be certified as an EMT-P or EMT-B.
(3) All members of the board shall be residents of the State of Mississippi, who have actively been working in Emergency Medical Services in Mississippi for at least one (1) year. Appointments to the board shall be made with due consideration that representation of the various geographical areas of the state is ensured. The Governor may remove any member of the board upon recommendation of the board. Any person appointed to a position on the board shall forfeit such position upon vacating the office or position which qualified such person to be appointed as a member of the board. No person may serve on the board for more than two (2) consecutive terms.
(4) Of the members first appointed to the board, three (3) shall be appointed for terms of one (1) year, two (2) for terms of two (2) years, two (2) for terms of three (3) years and one (1) for terms of four (4) years. Thereafter, members shall be appointed for terms of four (4) years and until their successors are appointed and qualified. In the case of a vacancy in the membership of the board, the vacancy shall be filled for the unexpired term.
(5) The board shall meet at least six (6) times annually and at least once each quarter and at the call of the chairperson or at the request of the Administrator of the Board of Emergency Medical Services or of any six (6) members of the board. At the first meeting of the board after January 1 each year, the members shall elect a chairperson and a vice chairperson who shall serve for a term of one (1) year. The vice chairperson shall exercise all of the powers of the chairperson in the absence of the chairperson. If a vacancy occurs in the office of the chairperson or vice chairperson, the board shall fill such vacancy by election of one (1) of its members to serve the unexpired term of such office. Members of the board attending meetings of the board or attending a subcommittee meeting thereof authorized by the board shall be paid compensation, subsistence allowances, mileage and other expenses as provided in Section 25-3-69, and amendments thereto.
(6) Except as otherwise provided by law, all vouchers for expenditures and all payrolls of the Board of Emergency Medical Services shall be approved by the Board of Emergency Medical Services or a person designated by the board.
SECTION 3. Administrator of the Board of Emergency Medical Services; duties and responsibilities; appointment of officers and employees. The chief administrative officer of the Board of Emergency Medical Services shall be the administrator of the Board of Emergency Medical Services. The Board of Emergency Medical Services shall appoint the administrator. The administrator shall be a registered Emergency Medical Technician-Paramedic by the National Registry of Emergency Medical Technicians and shall hold a minimum education of the level of a Bachelor's Degree in related field and preferably hold a degree of Master or higher in related field. The administrator shall have a minimum of five (5) years of experience immediately preceding appointment. The administrator shall serve at the pleasure of the board. The administrator shall administer the duties and responsibilities of the Board of Emergency Medical Services as directed by the board. The administrator shall appoint other officers and employees as may be necessary to carry out the functions of the Board of Emergency Medical Services.
SECTION 4. Board of Emergency Medical Services and administrator successor to certain powers, duties and functions; orders and directives, rules and regulations continued. (1) Except as provided in this act, the Board of Emergency Medical Services established under this act shall be the successor in every way to the powers, duties and functions of the Mississippi State Department of Health, Division of Emergency Medical Services established by the Mississippi State Board of Health pursuant to Section 41-3-15, and amendments thereto, in which the same were vested prior to the effective date of this act.
(2) Except as provided in this act, the Administrator of the Board of Emergency Medical Services appointed pursuant to this act shall be the successor in every way to the powers, duties and functions of the Director of the Bureau of Emergency Medical Services established by law, in which the same were vested prior to the effective date of this act.
(3) Whenever the Bureau of Emergency Medical Services or Emergency Medical Services Advisory Council or words of like effect are referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the Board of Emergency Medical Services established by this act. Whenever the Director of the Bureau of Emergency Medical Services or words of like effect are referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the Board of Emergency Medical Services.
(4) All orders and directives of the Emergency Medical Services Advisory Council which relate to emergency medical services and which were adopted and are in existence immediately prior to the effective date of this act shall continue to be effective and shall be deemed to by the orders or directives of the Board of Emergency Medical Services, until revised, amended, repealed or nullified pursuant to law.
(5) All rules and regulations of the emergency medical services council which relate to emergency medical services and which were adopted and in existence immediately prior to the effective date of this act shall continue to be effective and shall be deemed to be the rules and regulations of the Board of Emergency Medical Services, until revised, amended, repealed or nullified pursuant to law.
SECTION 5. Board of Emergency Medical Services successor to certain powers, duties and functions of the division of EMS and Mississippi State Department of Health; disposition of records and fee monies; conflict resolved by Governor. (1) Except as provided by this act, the Board of Emergency Medical Services established by this act shall be the successor to the powers, duties and functions of the division of EMS and Mississippi State Department of Health relating to (a) approval of emergency medical services training, and (b) emergency medical training program approvals in which the same were vested prior to the effective date of this act.
(2) The Board of Emergency Medical Services shall succeed to all records which were used for or pertain to the performance of the powers, duties and functions transferred to the board pursuant to subsection (1). Any conflict as to the proper disposition of records arising under this section shall be resolved by the Governor, whose decision shall be final.
(3) The board shall succeed to the unexpended balance of any fees, funds or other money relating to the powers, duties and functions transferred to the board pursuant to subsection (1). Any conflict as to the proper disposition of such money shall be resolved by the Governor, whose decision shall be final.
SECTION 6. Certain officers and employees transferred; civil service and retirement benefits preserved. Officers and employees who were engaged immediately prior to the effective date of this act in the performance of powers, duties and functions, which are transferred pursuant to the provisions of this act, and who, in the opinion of the Board of Emergency Medical Services, are necessary to perform the powers, duties and functions of the board shall become officers and employees of the board. Any such officer or employee shall retain all retirement benefits, including the right to retain active participation in the retirement system which the officer or employee belonged to on the effective date of this act, and all rights of civil service which had accrued to or vested in such officer or employee prior to the effective date of this act. The service of each such officer and employee so transferred shall be deemed to have been continuous.
SECTION 7. Conflict as to disposition of power, duty or function resolved by the Governor. Whenever any conflict arises as to the disposition of any power, duty or function as a result of any abolishment or transfer made by this act, such conflict shall be resolved by the Governor, and the decision of the Governor shall be final.
SECTION 8. Disposition of property and records and appropriations; conflict resolved by the Governor. The Board of Emergency Medical Services shall succeed to all property and records which were used for, or pertain to, the performance of the powers, duties and functions transferred to the board pursuant to this act. The unexpended balances of any appropriations for the Division of Emergency Medical Services and the Mississippi State Department of Health, abolished by this act, shall be transferred to the Board of Emergency Medical Services to be used by the board to carry out the powers, duties and functions transferred by this act. Any conflict as to the proper disposition of property or records or the unexpended balance of any appropriation arising under this section shall be determined by the Governor, and the decision of the Governor shall be final.
SECTION 9. Rights saved in legal actions and proceedings. No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the division of emergency medical services and the Mississippi State Department of Health abolished by this act, or by or against any officer or employee of such bureau in the official capacity of such officer or employee or in relation to the discharge of official duties of such officer or employee, shall abate by reason of the governmental reorganization effected under the provisions of this act. The court may allow any such suite, action or other proceeding to be maintained by or against the successor of such state agency or any officer or employee affected.
SECTION 10. Rules and regulations; act not applicable to certain rescue vehicles. (1) The board shall adopt any rules and regulations necessary for the regulation of ambulance services. Such rules and regulations shall include: (a) a classification of the different types of ambulance services; (b) requirements as to equipment necessary for ambulances and rescue vehicles; (c) qualifications and training of attendants, instructor-coordinators and training officers; (d) requirements for the licensure and renewal of licensure for ambulances and rescue vehicles; (e) records and equipment to be maintained by operators, instructor-coordinators, training officers, providers of training and attendants; and (f) such other matters as the board deems necessary to implement and administer the provisions of this act.
(2) The provisions of this act shall not apply to rescue vehicles operated by a fire department.
SECTION 11. Powers and duties of the Board of Emergency Medical Services. The Board of Emergency Medical Services shall:
(a) Adopt any rules and regulations necessary to carry out the provisions of this act;
(b) Review and approve the allocation and expenditure of monies appropriated for emergency medical services;
(c) Conduct hearings for all regulatory matters concerning ambulance services, attendants, instructor-coordinators, training officers and providers of training;
(d) Submit a budget to the Legislature for the operation of the board;
(e) Develop a state plan for the delivery of emergency medical services;
(f) Enter into contracts as may be necessary to carry out the duties and functions of the board under this act;
(g) Review and approve all requests for state and federal funding involving emergency medical services projects in the state or delegate such duties to the administrator;
(h) Approve all training programs for attendants, instructor-coordinators and training officers and prescribe application fees by rules and regulations;
(i) Approve methods of examination for certification of attendants, training officers and instructor-coordinators and prescribe examination fees by rules and regulations;
(j) Appoint a medical consultant for the board. Such person shall be a person licensed to practice medicine and surgery and shall be active in the field of emergency medical services; and
(k) Approve providers of training by prescribing standards and requirements by rules and regulations and withdraw or modify such approval in accordance with the Mississippi Administrative Procedures Act and the rules and regulations of the board.
SECTION 12. 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" 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;
(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 Mississippi Board of Emergency Medical Services established under this act;
(g) "Department" means the Mississippi Board of Emergency Medical Services established under this act;
(h) "Executive officer" means the chief administrative officer of the Mississippi Board of Emergency Services established under this act, 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 Mississippi Board 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 13. Section 41-59-5, Mississippi Code of 1972, is amended as follows:
41-59-5. (1) The Mississippi Board of Emergency Medical Services 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 chief administrative officer of the Mississippi Board of Emergency Medical Services 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.
(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 * * * 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.
(5) The Mississippi Board of Emergency Medical Services 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 board. The board is assigned the responsibility for creating, implementing and managing the statewide trauma care system. The board shall be designated as the lead agency for trauma care systems development. The board 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 board 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 board 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 board shall coordinate the development of the inclusive trauma system with the Mississippi Department of Rehabilitation Services and all other appropriate rehabilitation systems.
(6) The Mississippi Board of Emergency Medical Services is authorized to receive any funds appropriated to the board from the Mississippi Trauma Care System Fund created in Section 41-59-75. It is further authorized * * * to administer the disbursements of such funds according to adopted trauma care system regulations.
(7) In addition to the trauma-related duties provided for in this section, the Mississippi Board of Emergency Medical Services shall develop a plan for the delivery of services to Mississippi burn victims through the existing trauma care system of hospitals. Such plan shall be operational by July 1, 2005, and shall include:
(a) Systems by which burn patients will be assigned or transferred to hospitals capable of meeting their needs;
(b) Procedures for allocating funds appropriated from the Mississippi Burn Care Fund to hospitals that provide services to Mississippi burn victims; and
(c) Such other provisions necessary to provide burn care for Mississippi residents.
SECTION 14. Section 41-59-7, Mississippi Code of 1972, is amended as follows:
41-59-7. * * * From and after July 1, 2007, the Emergency Medical Services Advisory Council established pursuant to this section shall be abolished and its functions and responsibilities shall be transferred to the Mississippi Board of Emergency Medical Services established under this act.
* * *
SECTION 15. Section 41-59-9, Mississippi Code of 1972, is amended as follows:
41-59-9. From and after October 1, 1974, no person, firm, corporation, association, county, municipality, or metropolitan government or agency, either as owner, agent or otherwise, shall hereafter furnish, operate, conduct, maintain, advertise or otherwise engage in the business of service of transporting patients upon the streets, highways or airways of Mississippi unless he holds a currently valid license and permit, for each ambulance, issued by the Mississippi Board of Emergency Medical Services.
SECTION 16. Section 41-59-11, Mississippi Code of 1972, is amended as follows:
41-59-11. Application for license shall be made to the Mississippi Board of Emergency Medical Services by private firms or nonfederal governmental agencies. The application shall be made upon forms in accordance with procedures established by the board and shall contain the following:
(a) The name and address of the owner of the ambulance service or proposed ambulance service;
(b) The name in which the applicant is doing business or proposes to do business;
(c) A description of each ambulance including the make, model, year of manufacture, motor and chassis numbers, color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate applicant's ambulance;
(d) The location and description of the place or places from which the ambulance service is intended to operate; and
(e) Such other information as the board shall deem necessary.
Each application for a license shall be accompanied by a license fee to be fixed by the board, which shall be paid to the board.
SECTION 17. Section 41-59-13, Mississippi Code of 1972, is amended as follows:
41-59-13. The Mississippi Board of Emergency Medical Services shall issue a license which shall be valid for a period one (1) year when it determines that all the requirements of this chapter have been met.
SECTION 18. Section 41-59-15, Mississippi Code of 1972, is amended as follows:
41-59-15. Subsequent to issuance of any license, the Mississippi Board of Emergency Medical Services shall cause to be inspected each ambulance service, including ambulances, equipment, personnel, records, premises and operational procedures whenever such inspection is deemed necessary, but in any event not less than two (2) times each year. The periodic inspection herein required shall be in addition to any other state or local safety or motor vehicle inspections required for ambulances or other motor vehicles provided by law or ordinance.
SECTION 19. Section 41-59-17, Mississippi Code of 1972, is amended as follows:
41-59-17. (1) The Mississippi Board of Emergency Medical Services is hereby authorized to suspend or revoke a license whenever it determines that the holder no longer meets the requirements prescribed for operating an ambulance service.
(2) A license issued under this chapter may be renewed upon payment of a renewal fee to be fixed by the board, which shall be paid to the board. Renewal of any license issued under the provisions of this chapter shall require conformance with all the requirements of this chapter as upon original licensing.
SECTION 20. Section 41-59-19, Mississippi Code of 1972, is amended as follows:
41-59-19. The Mississippi Board of Emergency Medical Services is authorized to provide for procedures to be utilized in acting on changes of ownership in accordance with regulations established by the board.
SECTION 21. Section 41-59-23, Mississippi Code of 1972, is amended as follows:
41-59-23. (1) Before a vehicle can be operated as an ambulance, its licensed owner must apply for and receive an ambulance permit issued by the Mississippi Board of Emergency Medical Services for such vehicle. Application shall be made upon forms and according to procedures established by the board. Each application for an ambulance permit shall be accompanied by a permit fee to be fixed by the board, which shall be paid to the board. Prior to issuing an original or renewal permit for an ambulance, the vehicle for which the permit is issued shall be inspected and a determination made that the vehicle meets all requirements as to vehicle design, sanitation, construction, medical equipment and supplies set forth in this chapter and regulations promulgated by the board. Permits issued for ambulance shall be valid for a period not to exceed one (1) year.
(2) The board is hereby authorized to suspend or revoke an ambulance permit any time it determines that the vehicle and/or its equipment no longer meets the requirements specified by this chapter and regulations promulgated by the board.
(3) The board may issue temporary permits valid for a period not to exceed ninety (90) days for ambulances not meeting required standards when it determines the public interest will thereby be served.
(4) When a permit has been issued for an ambulance as specified herein, the ambulance records relating to maintenance and operation of such ambulance shall be open to inspection by a duly authorized representative of the board during normal working hours.
(5) An ambulance permit issued under this chapter may be renewed upon payment of a renewal fee to be fixed by the board, which shall be paid to the board. Renewal of any ambulance permit issued under the provisions of this chapter shall require conformance with all requirements of this chapter.
SECTION 22. Section 41-59-25, Mississippi Code of 1972, is amended as follows:
41-59-25. (1) Standards for the design, construction, equipment, sanitation and maintenance of ambulance vehicles shall be developed by the Mississippi Board of Emergency Medical Services. Each standard may be revised as deemed necessary by the board when it determines * * * that such will be in the public interest. However, standards for design and construction shall not take effect until July 1, 1979; and such standards when promulgated shall substantially conform to any pertinent recommendations and criteria established by the American College of Surgeons and the National Academy of Sciences, and shall be based on a norm that the ambulance shall be sufficient in size to transport one (1) litter patient and an emergency medical technician with space around the patient to permit a technician to administer life supporting treatment to at least one (1) patient during transit.
(2) On or after July 1, 1975, each ambulance shall have basic equipment determined essential by the board * * *.
(3) Standards governing the sanitation and maintenance of ambulance vehicles shall require that the interior of the vehicle and the equipment therein be maintained in a manner that is safe, sanitary, and in good working order at all times.
(4) Standards for the design, construction, equipment and maintenance of special use EMS vehicles shall be developed by the board * * *.
SECTION 23. Section 41-59-27, Mississippi Code of 1972, is amended as follows:
41-59-27. There shall be at all times in force and effect on any ambulance vehicle operating in this state insurance issued by an insurance company licensed to do business in this state, which shall provide coverage:
(a) For injury to or death of individuals resulting from any cause for which the owner of said ambulance would be liable regardless of whether the ambulance was being driven by the owner or his agent; and
(b) Against damage to the property of another, including personal property.
The minimum amounts of such insurance coverage shall be determined by the Mississippi Board of Emergency Medical Services * * *, except that the minimum coverage shall not be less than Twenty-five Thousand Dollars ($25,000.00) for bodily injury to or death of one (1) person in any one (1) accident, Fifty Thousand Dollars ($50,000.00) for bodily injury to or death of two (2) or more persons in any one (1) accident, and Ten Thousand Dollars ($10,000.00) for damage to or destruction of property of others in any one (1) accident.
SECTION 24. Section 41-59-31, Mississippi Code of 1972, is amended as follows:
41-59-31. The Mississippi Board of Emergency Medical Services shall develop an emergency medical technicians training program based upon the nationally approved United States Department of Transportation "Basic Training Program for Emergency Medical Technicians-Ambulance" prepared in compliance with recommendations of the National Academy of Sciences. The program shall be periodically revised by the board to meet new and changing needs.
SECTION 25. Section 41-59-33, Mississippi Code of 1972, is amended as follows:
41-59-33. Any person desiring certification as an emergency medical technician shall apply to the Mississippi Board of Emergency Medical Services using forms prescribed by the board. Each application for an emergency medical technician 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 emergency medical technical training program, the board shall make a determination of the applicant's qualifications as an emergency medical technician as set forth in the regulations promulgated by the board, and shall issue an emergency medical technician certificate to the applicant.
SECTION 26. Section 41-59-35, Mississippi Code of 1972, is amended as follows:
41-59-35. (1) An emergency medical technician certificate so issued shall be valid for a period not exceeding two (2) years from the date of issuance and may be renewed upon payment of a renewal fee to be fixed by the Mississippi Board of Emergency Medical Services, which shall be paid to the board, provided that the holder meets the qualifications set forth in this Chapter 59 and Chapter 60 and rules and regulations promulgated by the board.
(2) The board is authorized to suspend or revoke a certificate so issued at any time it is determined that the holder no longer meets the prescribed qualifications.
(3) It shall be unlawful for any person, corporation or association to, in any manner, represent himself or itself as an Emergency Medical Technician-Basic, Emergency Medical Technician-Intermediate, Emergency Medical Technician-Paramedic, or Emergency Medical Services Driver, or use in connection with his or its name the words or letters of EMT, emt, paramedic, or any other letters, words, abbreviations or insignia which would indicate or imply that he or it is an Emergency Medical Technician-Basic, Emergency Medical Technician-Intermediate, Emergency Medical Technician-Paramedic, or Emergency Medical Services Driver, unless certified in accordance with Chapters 59 and 60 of this title and in accordance with the rules and regulations promulgated by the board. It shall be unlawful to employ an uncertified Emergency Medical Technician-Basic, Emergency Medical Technician-Intermediate, or Emergency Medical Technician-Paramedic to provide basic or advanced life support services.
(4) Any Emergency Medical Technician-Basic, Emergency Medical Technician-Intermediate, Emergency Medical Technician-Paramedic, or Emergency Medical Services Driver who violates or fails to comply with these statutes or the rules and regulations promulgated by the Mississippi Board of Emergency Medical Services hereunder shall be subject, after due notice and hearing, to an administrative fine not to exceed One Thousand Dollars ($1,000.00).
SECTION 27. Section 41-59-37, Mississippi Code of 1972, is amended as follows:
41-59-37. The Mississippi Board of Emergency Medical Services may, in its discretion, issue a temporary ambulance attendant's permit which shall not be valid for more than one (1) year from the date of issuance, and which shall be renewable to an individual who may or may not meet qualifications established pursuant to this chapter upon determination that such will be in the public interest.
SECTION 28. Section 41-59-39, Mississippi Code of 1972, is amended as follows:
41-59-39. The Mississippi Board of Emergency Medical Services, after consultation with the emergency medical services advisory council, shall establish minimum standards which permit the operation of invalid vehicles as a separate class of ambulance service.
SECTION 29. Section 41-59-41, Mississippi Code of 1972, is amended as follows:
41-59-41. Each licensee of an ambulance service shall maintain accurate records upon such forms as may be provided, and contain such information as may be required by the Mississippi Board of Emergency Medical Services concerning the transportation of each patient within this state and beyond its limits. Such records shall be available for inspection by the board at any reasonable time, and copies thereof shall be furnished to the board upon request.
SECTION 30. Section 41-59-45, Mississippi Code of 1972, is amended as follows:
41-59-45. (1) It shall be the duty of the licensed owner of any ambulance service or other employer of emergency medical technicians for the purpose of providing basic or advanced life support services to insure compliance with the provisions of this Chapter 59 and Chapter 60 and all rules and regulations promulgated by the Mississippi Board of Emergency Medical Services.
(2) Any person, corporation or association that violates any rule or regulation promulgated by the board pursuant to these statutes regarding the provision of ambulance services or the provision of basic or advanced life support services by emergency medical technicians shall, after due notice and hearing, be subject to an administrative fine not to exceed One Thousand Dollars ($1,000.00) per occurrence.
(3) Any person violating or failing to comply with any other provisions of this Chapter 59 or Chapter 60 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined an amount not to exceed Fifty Dollars ($50.00) or be imprisoned for a period not to exceed thirty (30) days, or both, for each offense.
(4) The board may cause to be instituted a civil action in the chancery court of the county in which any alleged offender of this Chapter 59 or Chapter 60 may reside or have his principal place of business for injunctive relief to prevent any violation of any provision of this Chapter 59 or Chapter 60, or any rules or regulation adopted by the board pursuant to the provisions of this Chapter 59 or Chapter 60.
(5) Each day that any violation or failure to comply with any provision of this chapter or any rule or regulation promulgated by the board thereto is committed or permitted to continue shall constitute a separate and distinct offense under this section, except that the court may, in its discretion, stay the cumulation of penalties.
It shall not be considered a violation of this Chapter 59 or Chapter 60 for a vehicle domiciled in a nonparticipating jurisdiction to travel in a participating jurisdiction.
SECTION 31. Section 41-59-47, Mississippi Code of 1972, is amended as follows:
41-59-47. The provisions of this chapter shall apply to all counties and incorporated municipalities except those counties and incorporated municipalities electing not to comply as expressed to the Mississippi Board of Emergency Medical Services in a written resolution by the governing body of such county or incorporated municipality. The election of any county to be included or excluded shall in no way affect the election of any incorporated municipality to be included or excluded. If any county or municipality elects to be excluded from this chapter, they may later elect to be included by resolution.
All financial grants administered by the state for emergency medical services pertaining to this chapter shall be made available to those counties and incorporated municipalities which are governed by the provisions of this chapter.
SECTION 32. Section 41-59-49, Mississippi Code of 1972, is amended as follows:
41-59-49. Any person, firm, corporation, association, county, municipality or metropolitan government or agency whose application for a permit or license has been rejected or whose permit or license is suspended or revoked by the Mississippi Board of Emergency Medical Services shall have the right to appeal such decision, within thirty (30) days after receipt of the board's written decision, to the chancery court of the county where the applicant or licensee is domiciled. The appeal before the chancery court shall be de novo and the decision of the chancery court may be appealed to the supreme court in the manner provided by law.
SECTION 33. Section 41-59-61, Mississippi Code of 1972, is amended as follows:
41-59-61. (1) Such assessments as are collected under subsections (1) and (2) of Section 99-19-73 shall be deposited in a special fund hereby created in the State Treasury to be designated the "Emergency Medical Services Operating Fund." The Legislature may make appropriations from the Emergency Medical Services Operating Fund to the Mississippi Board of Emergency Medical Services for the purpose of defraying costs of administration of the Emergency Medical Services Operating Fund (EMSOF) and for redistribution of such funds to the counties, municipalities and organized medical service districts (hereinafter referred to as "governmental units") for the support of the Emergency Medical Services programs. The Mississippi Board of Emergency Medical Services * * * shall administer the disbursement to such governmental units of any funds appropriated to the board from the Emergency Medical Services Operating Fund and the utilization of such funds by the governmental units.
(2) Funds appropriated from the Emergency Medical Services Operating Fund to the Mississippi Board of Emergency Medical Services shall be made available to all such governmental units to support the Emergency Medical Services programs therein, and such funds shall be distributed to each governmental unit based upon its general population relative to the total population of the state. Disbursement of such funds shall be made on an annual basis at the end of the fiscal year upon the request of each governmental unit. Funds distributed to such governmental units shall be used in addition to existing annual Emergency Medical Services budgets of the governmental units, and no such funds shall be used for the payment of any attorney's fees. The Director of the Emergency Medical Services program or his appointed designee is hereby authorized to require financial reports from the governmental units utilizing these funds in order to provide satisfactory proof of the maintenance of the funding effort by the governmental units.
SECTION 34. Section 41-59-63, Mississippi Code of 1972, is amended as follows:
41-59-63. The solicitation of membership subscriptions, the acceptance of membership applications, the charging of membership fees, and the furnishing of prepaid or discounted ambulance service to subscription members and designated members of their households by either a public or private ambulance service licensed and regulated by the Mississippi Board of Emergency Medical Services pursuant to Section 41-59-1 et seq. shall not constitute the writing of insurance and the agreement under and pursuant to which such prepaid or discounted ambulance service is provided to the subscription members and to designated members of their households shall not constitute a contract of insurance.
SECTION 35. Section 41-59-65, Mississippi Code of 1972, is amended as follows:
41-59-65. Either a public or private ambulance service licensed and regulated by the Mississippi Board of Emergency Medical Services desiring to offer such a membership subscription program shall make application for permit to conduct and implement such program to the Mississippi Board of Emergency Medical Services. The application shall be made upon forms in accordance with procedures established by the board and shall contain the following:
(a) The name and address of the owner of the ambulance service;
(b) The name in which the applicant is doing business;
(c) The location and description of the place or places from which the ambulance service operates;
(d) The places or areas in which the ambulance service intends to conduct and operate a membership subscription program; and
(e) Such other information as the board shall deem necessary.
Each application for a permit shall be accompanied by a permit fee of Five Hundred Dollars ($500.00), which shall be paid to the board. The permit shall be issued to expire the next ensuing December 31. The permit issued under this section may be renewed upon payment of a renewal fee of Five Hundred Dollars ($500.00), which shall be paid to the board. Renewal of any permit issued under this section shall require conformance with all requirements of this chapter.
SECTION 36. Section 41-59-67, Mississippi Code of 1972, is amended as follows:
41-59-67. The issuance of a permit to conduct and implement a membership subscription program shall require the following:
(a) The posting of a surety bond with one or more surety companies to be approved by the Mississippi Board of Emergency Medical Services, in the amount of Five Thousand Dollars ($5,000.00) for every one thousand (1,000) subscribers or portion thereof; and
(b) The establishment of a reserve fund to consist of a deposit to the reserve fund with any depository approved by the state for the benefit of the subscription members in the amount of Three Dollars ($3.00) for each subscription member currently subscribing to the subscription program, but not for the designated members of the subscribing member's household, to guarantee perpetuation of the subscription membership program until all memberships are terminated; and
(c) No further deposits shall be required to be made by the ambulance service to the reserve fund after the aggregate sum of the principal amount of said surety bond plus the deposits in the reserve fund is equal to Two Hundred Thousand Dollars ($200,000.00).
In any action brought by a subscriber against the surety bond or the reserve fund, the cost of collection upon a judgment rendered in favor of the subscriber, including attorney's fees, shall be paid by the ambulance service.
SECTION 37. Section 41-59-69, Mississippi Code of 1972, is amended as follows:
41-59-69. Annual reports shall be filed with the Mississippi Board of Emergency Medical Services by the ambulance service permitted to conduct and implement a membership subscription program in the manner and form prescribed by the Mississippi Board of Emergency Medical Services, which report shall contain the following:
(a) The name and address of the ambulance service conducting the program;
(b) The number of members subscribing to the subscription program;
(c) The revenues generated by subscriptions to the program; and
(d) The name and address of the depository bank in which the reserve fund is deposited and the amount of deposit in said reserve fund.
SECTION 38. Section 41-59-75, Mississippi Code of 1972, is amended as follows:
41-59-75. The Mississippi Trauma Care Systems Fund is established. Ten Dollars ($10.00) collected from each assessment of Fifteen Dollars ($15.00) as provided in Section 41-59-61, and any other funds made available for funding the trauma care system, shall be deposited into the fund. Funds appropriated from the Mississippi Trauma Care Systems Fund to the Mississippi Board of Emergency Medical Services 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 39. Section 41-59-77, Mississippi Code of 1972, is amended as follows:
41-59-77. Data obtained under this act for use in the trauma registry is for the confidential use of the Mississippi Board of Emergency Medical Services 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 40. 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 Mississippi Board of Emergency Medical Services. 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 41. Section 41-59-81, Mississippi Code of 1972, is amended as follows:
41-59-81. (1) The Mississippi Board of Emergency Medical Services 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 Mississippi Board of Emergency Medical Services.
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.
(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 Mississippi Board of Emergency Medical Services.
(3) The Mississippi Board of Emergency Medical Services 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 42. Section 41-60-11, Mississippi Code of 1972, is amended as follows:
41-60-11. As used in Sections 41-60-11 and 41-60-13, unless the context otherwise requires, the term:
(a) "Advanced life support" shall mean a sophisticated level of prehospital and interhospital emergency care which includes basic life support functions including cardiopulmonary resuscitation (CPR), plus cardiac monitoring, cardiac defibrillation, telemetered electrocardiography, administration of antiarrhythmic agents, intravenous therapy, administration of specific medications, drugs and solutions, use of adjunctive ventilation devices, trauma care and other authorized techniques and procedures.
(b) "Advanced life support personnel" shall mean persons other than physicians engaged in the provision of advanced life support, as defined and regulated by rules and regulations promulgated by the board.
(c) "Emergency medical technician-intermediate" shall mean a person specially trained in advanced life support modules, numbers I, II and III as developed for the United States Department of Transportation under Contract No. DOT-HS-900-089, as authorized by the Mississippi Board of Emergency Medical Services.
(d) "Emergency medical technician-paramedic" shall mean a person specially trained in an advanced life support training program authorized by the Mississippi Board of Emergency Medical Services.
(e) "Medical control" shall mean directions and advice provided from a centrally designated medical facility staffed by appropriate personnel, operating under medical supervision, supplying professional support through radio or telephonic communication for on-site and in-transit basic and advanced life support services given by field and satellite facility personnel.
SECTION 43. Section 41-60-13, Mississippi Code of 1972, is amended as follows:
41-60-13. The Mississippi Board of Emergency Medical Services 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 advanced life support. Notwithstanding any other provision of law, advanced life support personnel may be authorized to provide advanced life support services as defined by rules and regulations promulgated by the Mississippi Board of Emergency Medical Services. Rules and regulations promulgated pursuant to this authority shall, as a minimum:
(a) Define and authorize appropriate functions and training programs for advanced life support trainees and personnel; provided, that all such training programs shall meet or exceed the performance requirements of the current training program for the emergency medical technician-paramedic, developed for the United States Department of Transportation.
(b) Specify minimum operational requirements which will assure medical control over all advanced life support services.
(c) Specify minimum testing and certification requirements and provide for continuing education and periodic recertification for all advanced life support personnel.
SECTION 44. This act shall take effect and be in force from and after July 1, 2007.