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

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Date Published: 04/24/2017 02:29 PM
SB432:v97#DOCUMENT

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

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 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 upon determining that the person to whom the prehospital emergency medical care personnel provided emergency medical or rescue services is diagnosed as being afflicted with a disease or condition, as specified, and to give notice to the county health officer. officer with the name and telephone number of the prehospital emergency medical care personnel. The bill would alternatively require the health facility, if they do not notify the prehospital emergency care personnel under these conditions, 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. personnel, if a determination is made that notification is necessary.
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) “Designated officer” has the same meaning as used in the Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (Public Law 101-381).
(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 has believes that he or she may have been exposed to a person afflicted with a reportable disease or condition, and provides the health facility 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, 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 shall immediately notify 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.
(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 does not provide 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, 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.
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.
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.
Notwithstanding Section 1798.206, violation of this section is not a misdemeanor.