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S1078aaH..............................................by HEALTH AND WELFARE
EMERGENCY MEDICAL SERVICES PHYSICIAN COMMISSION - Adds to existing law to
provide an additional purpose for the Idaho Emergency Medical Services
Physician Commission; and to provide additional rulemaking authority for
the Board of Health and Welfare.
02/02 Senate intro - 1st rdg - to printing
02/05 Rpt prt - to Health/Wel
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Little
Floor Sponsor - Werk
Title apvd - to House
02/16 House intro - 1st rdg - to Health/Wel
03/13 Rpt out - to Gen Ord
Rpt out amen - to 1st rdg as amen
03/14 1st rdg - to 2nd rdg as amen
03/15 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amen - PASSED - 69-0-1
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chew, Clark,
Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
Speaker
NAYS -- None
Absent and excused -- Chavez
Floor Sponsor - Henbest
Title apvd - to Senate
03/21 Senate concurred in House amens - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
03/22 2nd rdg - to 3rd rdg as amen
Rls susp - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - Werk
Title apvd - to enrol
03/23 Rpt enrol - Pres signed
03/26 Sp signed - To Governor
03/30 Governor signed
Session Law Chapter 306
Effective: 03/30/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1078
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO EMERGENCY MEDICAL SERVICES PHYSICIAN COMMISSION; AMEND-
3 ING SECTION 56-1013A, IDAHO CODE, TO PROVIDE AN ADDITIONAL PURPOSE FOR THE
4 IDAHO EMERGENCY MEDICAL SERVICES PHYSICIAN COMMISSION AND TO MAKE TECHNI-
5 CAL CORRECTIONS; AND AMENDING SECTION 56-1017, IDAHO CODE, TO PROVIDE
6 ADDITIONAL RULEMAKING AUTHORITY FOR THE BOARD OF HEALTH AND WELFARE AND TO
7 MAKE TECHNICAL CORRECTIONS.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 56-1013A, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 56-1013A. IDAHO EMERGENCY MEDICAL SERVICES PHYSICIAN COMMISSION -- TERMS
12 AND OPERATION. (1) There is hereby created in the department of health and
13 welfare an Idaho emergency medical services physician commission for the pur-
14 pose of establishing standards for scope and of practice and medical supervi-
15 sion for certified personnel, ambulance services, and non-transport
16 nontransport agencies licensed by the department, and for making disciplinary
17 action recommendations to the department against certified personnel. Notwith-
18 standing any other provision of law to the contrary, the commission shall
19 exercise its powers and duties in accordance with the provisions of sections
20 56-1011 through 56-1018B, Idaho Code, relative to scope of practice and medi-
21 cal supervision of certified personnel.
22 (2) The commission shall be composed of eleven (11) voting members
23 appointed by the governor upon assurance of equitable geographic and rural
24 representation. Six (6) members shall be physicians currently licensed in
25 Idaho and appointed as follows: one (1) member representing the Idaho board of
26 medicine as provided in chapter 18, title 54, Idaho Code, one (1) member rep-
27 resenting the Idaho medical association, one (1) member representing the emer-
28 gency medical services (EMS) bureau of the department, one (1) member repre-
29 senting the Idaho chapter of the American college of emergency physicians, one
30 (1) member representing the Idaho chapter of the American academy of pediat-
31 rics and one (1) member representing the Idaho chapter of the American college
32 of surgeons committee on trauma. Three (3) members shall be physicians cur-
33 rently licensed in Idaho and practicing as an EMS medical director represent-
34 ing the following associations: one (1) member representing the Idaho associa-
35 tion of counties, one (1) member representing the Idaho fire chiefs associa-
36 tion and one (1) member representing the Idaho hospital association. Two (2)
37 members shall be Idaho citizens representing the public interest.
38 (3) Except as provided in this subsection, members of the commission
39 shall be appointed for a term of three (3) years. The following four (4) mem-
40 bers shall be appointed to an initial term of two (2) years: the member repre-
41 senting the board of medicine, the member representing the Idaho chapter of
42 the American college of emergency physicians, the member representing the
43 Idaho chapter of the American college of surgeons committee on trauma and the
2
1 member representing the Idaho fire chiefs association. The remaining seven (7)
2 members shall be appointed for an initial term of three (3) years. Thereafter,
3 all terms shall be for a period of three (3) years.
4 (4) The commission shall elect a chair and such officers as it may deem
5 necessary and appropriate. The commission shall meet at least annually and at
6 the call of the chair. Members of the commission shall be compensated as pro-
7 vided in section 59-509(b), Idaho Code.
8 (5) Prior to the expiration of the regular term of a member of the com-
9 mission or upon the occurrence or declaration of a vacancy in the membership
10 of the commission, the department shall notify the represented entity of that
11 fact in writing and the represented entity shall, within sixty (60) days
12 thereafter, nominate at least three (3) persons to fill the vacancy in a man-
13 ner as shall be determined by the rules and bylaws of the represented entity
14 and shall forward the nominations to the governor, who shall appoint from
15 among the nominees a person to be a member of the commission to fill the
16 vacancy. Persons nominated for a seat held by a physician must be licensed by
17 the state of Idaho to practice medicine.
18 (6) Moneys collected pursuant to rules promulgated by the department for
19 initial and renewal EMS certifications are hereby continuously appropriated
20 and shall be utilized exclusively for the purposes set forth in this section
21 as determined by the commission.
22 (7) The commission shall prepare a budget on an annual basis indicating
23 that portion of the funds necessary for the continuous operation of the com-
24 mission to achieve the purposes of this section.
25 SECTION 2. That Section 56-1017, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 56-1017. RULES. (1) The commission is authorized and directed to adopt
28 appropriate rules defining the allowable scope of practice and acts and duties
29 which can be performed by persons certified by the department and the required
30 level of supervision by a licensed physician.
31 (2) The board of health and welfare is authorized and directed to adopt
32 appropriate rules and standards concerning the administration of sections
33 56-1011 through 56-1018B, Idaho Code, including criteria for training pro-
34 grams, certification of personnel, licensure of ambulances and non-transport
35 nontransport services, licensure of ambulance and non-transport nontransport
36 vehicles, criteria for the use of air medical services by certified EMS per-
37 sonnel at emergency scenes, establishment of fees for training, inspections,
38 and certifications, and appropriate requirements for recertification of per-
39 sonnel and equipment and the management of complaints, investigations and cer-
40 tification and license actions against certified EMS personnel and licensed
41 EMS services. The rules of the board of health and welfare must be consistent
42 with the rules adopted by the commission.
43 (3) Additionally, the department shall develop guidelines, standards and
44 procedures for reducing exposure to pathogens from human blood, tissue or flu-
45 ids. Such guidelines, standards and procedures shall be made available to all
46 law enforcement personnel, all emergency medical services personnel, and such
47 other emergency personnel as who request such information.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
Moved by Henbest
Seconded by Rusche
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO S.B. NO. 1078
1 AMENDMENT TO THE BILL
2 On page 2 of the printed bill, following line 47 insert:
3 "SECTION 3. An emergency existing therefor, which emergency is hereby
4 declared to exist, this act shall be in full force and effect on and after its
5 passage and approval.".
6 CORRECTIONS TO TITLE
7 On page 1, in line 5, delete "AND"; and in line 7, following "CORRECTIONS"
8 insert: "; AND DECLARING AN EMERGENCY".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1078, As Amended in the House
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO EMERGENCY MEDICAL SERVICES PHYSICIAN COMMISSION; AMEND-
3 ING SECTION 56-1013A, IDAHO CODE, TO PROVIDE AN ADDITIONAL PURPOSE FOR THE
4 IDAHO EMERGENCY MEDICAL SERVICES PHYSICIAN COMMISSION AND TO MAKE TECHNI-
5 CAL CORRECTIONS; AMENDING SECTION 56-1017, IDAHO CODE, TO PROVIDE ADDI-
6 TIONAL RULEMAKING AUTHORITY FOR THE BOARD OF HEALTH AND WELFARE AND TO
7 MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 56-1013A, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 56-1013A. IDAHO EMERGENCY MEDICAL SERVICES PHYSICIAN COMMISSION -- TERMS
12 AND OPERATION. (1) There is hereby created in the department of health and
13 welfare an Idaho emergency medical services physician commission for the pur-
14 pose of establishing standards for scope and of practice and medical supervi-
15 sion for certified personnel, ambulance services, and non-transport
16 nontransport agencies licensed by the department, and for making disciplinary
17 action recommendations to the department against certified personnel. Notwith-
18 standing any other provision of law to the contrary, the commission shall
19 exercise its powers and duties in accordance with the provisions of sections
20 56-1011 through 56-1018B, Idaho Code, relative to scope of practice and medi-
21 cal supervision of certified personnel.
22 (2) The commission shall be composed of eleven (11) voting members
23 appointed by the governor upon assurance of equitable geographic and rural
24 representation. Six (6) members shall be physicians currently licensed in
25 Idaho and appointed as follows: one (1) member representing the Idaho board of
26 medicine as provided in chapter 18, title 54, Idaho Code, one (1) member rep-
27 resenting the Idaho medical association, one (1) member representing the emer-
28 gency medical services (EMS) bureau of the department, one (1) member repre-
29 senting the Idaho chapter of the American college of emergency physicians, one
30 (1) member representing the Idaho chapter of the American academy of pediat-
31 rics and one (1) member representing the Idaho chapter of the American college
32 of surgeons committee on trauma. Three (3) members shall be physicians cur-
33 rently licensed in Idaho and practicing as an EMS medical director represent-
34 ing the following associations: one (1) member representing the Idaho associa-
35 tion of counties, one (1) member representing the Idaho fire chiefs associa-
36 tion and one (1) member representing the Idaho hospital association. Two (2)
37 members shall be Idaho citizens representing the public interest.
38 (3) Except as provided in this subsection, members of the commission
39 shall be appointed for a term of three (3) years. The following four (4) mem-
40 bers shall be appointed to an initial term of two (2) years: the member repre-
41 senting the board of medicine, the member representing the Idaho chapter of
42 the American college of emergency physicians, the member representing the
43 Idaho chapter of the American college of surgeons committee on trauma and the
2
1 member representing the Idaho fire chiefs association. The remaining seven (7)
2 members shall be appointed for an initial term of three (3) years. Thereafter,
3 all terms shall be for a period of three (3) years.
4 (4) The commission shall elect a chair and such officers as it may deem
5 necessary and appropriate. The commission shall meet at least annually and at
6 the call of the chair. Members of the commission shall be compensated as pro-
7 vided in section 59-509(b), Idaho Code.
8 (5) Prior to the expiration of the regular term of a member of the com-
9 mission or upon the occurrence or declaration of a vacancy in the membership
10 of the commission, the department shall notify the represented entity of that
11 fact in writing and the represented entity shall, within sixty (60) days
12 thereafter, nominate at least three (3) persons to fill the vacancy in a man-
13 ner as shall be determined by the rules and bylaws of the represented entity
14 and shall forward the nominations to the governor, who shall appoint from
15 among the nominees a person to be a member of the commission to fill the
16 vacancy. Persons nominated for a seat held by a physician must be licensed by
17 the state of Idaho to practice medicine.
18 (6) Moneys collected pursuant to rules promulgated by the department for
19 initial and renewal EMS certifications are hereby continuously appropriated
20 and shall be utilized exclusively for the purposes set forth in this section
21 as determined by the commission.
22 (7) The commission shall prepare a budget on an annual basis indicating
23 that portion of the funds necessary for the continuous operation of the com-
24 mission to achieve the purposes of this section.
25 SECTION 2. That Section 56-1017, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 56-1017. RULES. (1) The commission is authorized and directed to adopt
28 appropriate rules defining the allowable scope of practice and acts and duties
29 which can be performed by persons certified by the department and the required
30 level of supervision by a licensed physician.
31 (2) The board of health and welfare is authorized and directed to adopt
32 appropriate rules and standards concerning the administration of sections
33 56-1011 through 56-1018B, Idaho Code, including criteria for training pro-
34 grams, certification of personnel, licensure of ambulances and non-transport
35 nontransport services, licensure of ambulance and non-transport nontransport
36 vehicles, criteria for the use of air medical services by certified EMS per-
37 sonnel at emergency scenes, establishment of fees for training, inspections,
38 and certifications, and appropriate requirements for recertification of per-
39 sonnel and equipment and the management of complaints, investigations and cer-
40 tification and license actions against certified EMS personnel and licensed
41 EMS services. The rules of the board of health and welfare must be consistent
42 with the rules adopted by the commission.
43 (3) Additionally, the department shall develop guidelines, standards and
44 procedures for reducing exposure to pathogens from human blood, tissue or flu-
45 ids. Such guidelines, standards and procedures shall be made available to all
46 law enforcement personnel, all emergency medical services personnel, and such
47 other emergency personnel as who request such information.
48 SECTION 3. An emergency existing therefor, which emergency is hereby
49 declared to exist, this act shall be in full force and effect on and after its
50 passage and approval.
STATEMENT OF PURPOSE
RS 16468C1
If enacted, this legislation would assure the authority to take certificate
action against Idaho certified Emergency Medical Services (EMS) providers by
the EMS Bureau and transfer the authority to make recommendations about such
actions from the state EMS Advisory Committee (as currently dictated in IDAPA
16.02.03.601) to the Emergency Medical Services Physician Commission (EMSPC).
The EMSPC is charged, by §56-1013a, Idaho Code, to “establish standards for
scope of practice and medical supervision for certified personnel, ambulance
services and non-transport agencies licensed by the department.” The EMS
Bureau is currently charged with the investigation of complaints and choosing
disciplinary actions against EMS personnel (IDAPA 16.02.03.515). The EMS
Bureau Chief may or may not have the clinical expertise to make an
appropriate decision in these matters, while the physicians on the EMSPC
would. This legislation would clarify the duty of the EMS Bureau to sanction
EMS providers when appropriate and grant the authority to make
recommendations about the disposition of disciplinary cases involving EMS
personnel to the EMSPC. The proposed amendment to §56-1017, Idaho Code will
clarify the EMS Bureau’s responsibility for the management of complaints,
investigations and certification and license actions against certified EMS
personnel and licensed EMS services. The proposed amendment to §56-1013a,
Idaho Code will then transfer the authority to the EMSPC to make
recommendations, to the EMS Bureau Chief, concerning disciplinary cases
involving EMS personnel.
FISCAL NOTE
This amendment will have no impact on the general fund as Idaho Code §56-
1013a(6) directs that “Moneys collected pursuant to rules promulgated by the
department for initial and renewal EMS certifications are hereby continuously
appropriated and shall be utilized exclusively for the purposes set forth in
this section as determined by the commission.” The fiscal impact of this
legislation is limited to the costs associated with travel, lodging and
subsistence reimbursements for the affected EMSPC membership. Idaho Code §56-
1013A(4) states: “Members of the commission shall be compensated as provided
in section 59-509(b), Idaho Code.” §59-509(b) states: “Members shall serve
without honorarium or compensation of any kind, but shall be reimbursed for
actual and necessary expenses.” It is estimated that the addition of
disciplinary reviews to the EMSPC’s existing responsibilities will require
one to two additional meetings per fiscal year. Much of the work involved in
complaint management can be handled via teleconference, but there will be a
need to have periodic in-person meetings in order to conduct interviews and
deliberations. A cost of $2,500 per meeting for a maximum impact of $5,000
per fiscal year is estimated. Any substantial increase in the number of
complaints per year would likely require an additional meeting per year,
which would drive up the total impact per fiscal year accordingly.
CONTACT
Name: Dia Gainor
Agency: Health and Welfare
Phone: 208-334-4000
STATEMENT OF PURPOSE/FISCAL NOTE S 1078