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SB-432 Emergency medical services.(2017-2018)

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Date Published: 07/12/2017 09:00 PM
SB432:v95#DOCUMENT

Amended  IN  Assembly  July 12, 2017
Amended  IN  Assembly  June 22, 2017
Amended  IN  Senate  April 24, 2017
Amended  IN  Senate  March 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 432


Introduced by Senator Pan
(Coauthors: Assembly Members Rodriguez and Thurmond)

February 15, 2017


An act to amend Section 1797.188 of the Health and Safety Code, relating to emergency medical services.


LEGISLATIVE COUNSEL'S DIGEST


SB 432, as amended, Pan. Emergency medical services.
Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, establishes the Emergency Medical Services Authority. The authority is responsible for the coordination and integration of all statewide activities concerning emergency medical services. The act requires all health facilities to notify prehospital emergency medical care personnel who have provided emergency medical or rescue services and have been exposed to a person afflicted with a reportable disease or condition that they have been exposed and should contact the county health officer under specified conditions.
This bill would require the health facility to give that notice immediately to a designated officer, as defined, upon determining determining, among other things, that the person to whom the prehospital emergency medical care personnel provided emergency medical or rescue services is diagnosed as being afflicted with a reportable disease or condition, as specified, and to give notice to the county health officer with the name and telephone number of the prehospital emergency medical care personnel. The bill would then require the designated officer to notify the prehospital emergency medical care personnel of the exposure. The bill would alternatively require the health facility, if they do not notify the prehospital emergency care personnel under circumstances in which the names and telephone numbers of the personnel have not been provided to the facility, as specified, to notify the designated officer, as defined, of the employer of the prehospital emergency care personnel and the county health officer, and would require the designated officer to notify the prehospital emergency care personnel, if a determination is made that notification is necessary. Under certain circumstances, the bill would require specified information about these provisions to be posted on the Internet of those entities and provided during training to personnel, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1797.188 of the Health and Safety Code is amended to read:

1797.188.
 (a) As used in this section:
(1) “Prehospital emergency medical care person or personnel” means any of the following: an authorized registered nurse or mobile intensive care nurse, emergency medical technician-I, emergency medical technician-II, emergency medical technician-paramedic, lifeguard, firefighter, or peace officer, as defined or described by Sections 1797.56, 1797.80, 1797.82, 1797.84, 1797.182, and 1797.183, respectively, or a physician and surgeon who provides prehospital emergency medical care or rescue services.
(2) “Reportable disease or condition” or “a disease or condition listed as reportable” means those diseases prescribed by Subchapter 1 (commencing with Section 2500) of Chapter 4 of Title 17 of the California Administrative Code, as may be amended from time to time.
(3) “Exposed” means at risk for contracting the disease, as defined by regulations of the state department.
(4) “Health facility” means a health facility, as defined in Section 1250, including a publicly operated facility.
(5) “Health facility infection preventionist” means the official or officer who has been designated by the health facility to communicate with designated officers.
(6) “Designated officer” means the official or officer of an employer of a prehospital emergency medical care person or personnel who has been designated by the state’s public health officer or the employer.
(b) In addition to the communicable disease testing and notification procedures applicable under Chapter 3.5 (commencing with Section 120260) of Part 1 of Division 105, all prehospital emergency medical care personnel, whether volunteers, partly paid, or fully paid, who have provided emergency medical or rescue services and have been exposed to a person afflicted with a disease or condition listed as reportable, which can, as determined by the county health officer, be transmitted through oral contact or secretions of the body, including blood, shall be notified that they have been exposed to the disease and should contact the county health officer in accordance with the following:
(1) If the prehospital emergency medical care person, who has rendered emergency medical or rescue services and believes that he or she may have been exposed to a person afflicted with a reportable disease or condition in a manner that could result in transmission of a communicable disease, and provides the health facility’s infection preventionist with his or her name and telephone number at the time the patient is transferred from that prehospital emergency medical care person to the admitting health facility; or the party transporting the person afflicted with the reportable disease or condition provides that health facility with the name and telephone number of the prehospital emergency medical care person who provided the emergency medical or rescue services and believes he or she may have been exposed to a person afflicted with a reportable disease or condition in a manner that could result in transmission of a communicable disease, the health facility, upon determining that the person to whom the prehospital emergency medical care person provided the emergency medical or rescue services is diagnosed as being afflicted with a reportable disease or condition condition, and that the reportable disease or condition may have been transmitted during the provision of emergency medical or rescue services, shall immediately notify the designated officer of the prehospital emergency medical care person and report the name and telephone number of the prehospital emergency medical care person to the county health officer. The designated officer shall immediately notify the prehospital emergency medical care person.
(2) If the prehospital emergency medical care person who has rendered emergency medical or rescue services and has been exposed to a person afflicted with a reportable disease or condition, but has not provided the health facility with his or her name and telephone number pursuant to paragraph (1), the health facility, upon determining that the person to whom the prehospital emergency medical care person provided the emergency medical or rescue services is diagnosed as being afflicted with a reportable disease or condition that may have been transmitted during provision of emergency medical or rescue services, shall immediately notify the designated officer of the employer of the prehospital emergency medical care person and the county health officer. The designated officer shall make a determination if a notification to the prehospital emergency medical care person is necessary, and if so, shall immediately notify the prehospital emergency medical care person.
(c) The county health officer shall immediately notify the prehospital emergency medical care person who has provided emergency medical or rescue services and has been exposed to a person afflicted with a disease or condition listed as reportable, which can, as determined by the county health officer, be transmitted through oral contact or secretions of the body, including blood, upon receiving the report from a health facility pursuant to paragraph (1) of subdivision (b). The county health officer shall not disclose the name of the patient or other identifying characteristics to the prehospital emergency medical care person.
(d) An employer of a prehospital emergency medical care person or personnel that maintains an Internet Web site shall post the name title and telephone number of the designated officer in a conspicuous location on its Internet Web site accessible from the home page. A health facility that maintains an Internet Web site shall post the name title and telephone number of the infection preventionist in a conspicuous location on its Internet Web site accessible from the home page.
(e) An employer of a health facility infection preventionist and an employer of a prehospital emergency medical care person or personnel shall inform those employees of this law as part of the Cal-OSHA Injury and Illness Prevention Program training required by paragraph (7) of subdivision (a) of Section 3203 of Title 8 of the California Code of Regulations.
(f) Nothing in this section shall be construed to authorize the further disclosure of confidential medical information by the health facility, the designated officer, or any prehospital emergency medical care personnel described in this section except as otherwise authorized by law.
(g) In the event of the demise of the person afflicted with the reportable disease or condition, the health facility or county health officer shall notify the funeral director, charged with removing the decedent from the health facility, of the reportable disease prior to the release of the decedent from the health facility to the funeral director.
(h) Notwithstanding Section 1798.206, a violation of this section is not a misdemeanor.