Today's Law As Amended


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SB-443 Emergency medical services (EMS): prehospital EMS.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 1797.91 is added to the Health and Safety Code, to read:

1797.91.
 “Level of prehospital EMS” or “level” means the quantity of available staff, vehicles, and equipment, as well as the character of available EMS services as constituting basic life support, advanced life support, or limited advanced life support.

SEC. 2.

 Section 1797.232 is added to the Health and Safety Code, to read:

1797.232.
 (a) When a city or fire district that contracted for or provided, as of June 1, 1980, prehospital emergency medical services, enters an agreement with a county for the joint exercise of powers under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code regarding prehospital emergency medical services for that city or fire district, or ceases to contract for, provide, or administer prehospital emergency medical services as a result of City of Oxnard v. County of Ventura (2021) 71 Cal.App.5th 1010, the city or fire district shall be deemed to retain its authorities regarding, and administration of, the prehospital emergency medical services pursuant to Section 1797.201.
(b) In enacting this section, it is the intent of the Legislature to clarify that a city’s or fire district’s entry into a written agreement as described in subdivision (a) of this section does not make the city or fire district ineligible for Section 1797.201 or result in the transfer, termination, relinquishment, or extinguishment of that city’s or fire district’s authorities regarding, or administration of, prehospital EMS, under Section 1797.201, and to abrogate any contrary holdings in City of Oxnard v. County of Ventura (2021) 71 Cal.App.5th 1010 and other judicial decisions.

SEC. 3.

 Section 1798.8 of the Health and Safety Code is amended to read:

1798.8.
 (a) Notwithstanding any provision of this division, medical control by a local EMS agency medical director, or medical direction and management of an emergency medical services system, as described in this chapter, shall not be construed to do any of the following:
(1) Limit, supplant, prohibit, or otherwise alter a public safety agency’s authority to directly receive and process requests for assistance originating within the public safety agency’s territorial jurisdiction through the emergency “911” system established pursuant to Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code. This paragraph does not supersede the local EMS agency’s authority to adopt and implement emergency lifesaving instructions or EMD prearrival instructions.
(2) Authorize or permit a local EMS agency to delegate, assign, or enter into a contract in contravention of subdivision (b) of Section 53110 of the Government Code.
(3) Authorize or permit a local EMS agency to unilaterally reduce a public safety agency’s response mode below that of the EMS transport provider, prevent a public safety response, or alter the deployment of public safety emergency response resources within the public safety agency’s territorial jurisdiction.
(4) Authorize or permit a local EMS agency to prevent a public safety agency from providing mutual aid pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code).
(b) A public safety agency’s adherence to the policies, procedures, and protocols adopted by a local EMS agency does not constitute a transfer of any of the public safety agency’s authorities regarding the administration of emergency medical services.
(c) In enacting this section, it is the intent of the Legislature to clarify the scope and breadth of medical control as described in this chapter, restrict local EMS agencies’ medical control authority over public safety agencies as specified in this section, clarify that a public safety agency does not transfer any of the public safety agency’s authorities regarding the administration of emergency medical services by adhering, or agreeing to adhere, to a local EMS agency’s medical control authority, and abrogate any contrary holdings in County of San Bernardino v. City of San Bernardino (1997) 15 Cal.4th 909 and other judicial decisions.