Bill Summary – FastDemocracy

Enrolled Copy                                                                              S.B. 72
          BUREAU OF EMERGENCY MEDICAL SERVICES AMENDMENTS
                                           2024 GENERAL SESSION
                                                 STATE OF UTAH
                                       Chief Sponsor: Derrin R. Owens House Sponsor: Dan N. Johnson
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  LONG TITLE
  General Description:
      This bill makes technical and conforming changes related to the Bureau of Emergency
  Medical Services.
  Highlighted Provisions:
      This bill:
      ▸ authorizes the Department of Public Safety to enter into contracts and to make rules
  related to emergency medical services prior to the transition of the emergency medical services
  regulatory authority; and
      ▸ makes technical and conforming changes related to the Bureau of Emergency Medical
  Services.
  Money Appropriated in this Bill:
      None
  Other Special Clauses:
      This bill provides a special effective date.
  Utah Code Sections Affected:
  AMENDS:
      11-48-101.5 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 16, 327
      26B-6-210 (Effective 07/01/24), as renumbered and amended by Laws of Utah 2023,
      Chapter 308
      53-2d-101 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 16, 327
      and renumbered and amended by Laws of Utah 2023, Chapter 310 and last amended by
      Coordination Clause, Laws of Utah 2023, Chapter 327
      53-2d-304 (Effective 07/01/24), as renumbered and amended by Laws of Utah 2023,
      Chapters 307, 310
      53-2d-402 (Effective 07/01/24), as renumbered and amended by Laws of Utah 2023,
     S.B. 72                                                                                  Enrolled Copy
       Chapters 307, 310
       53-2d-410 (Effective 07/01/24), as renumbered and amended by Laws of Utah 2023,
       Chapters 307, 310
       53-2d-509 (Effective 07/01/24), as renumbered and amended by Laws of Utah 2023,
       Chapters 307, 310
       53-2d-805 (Effective 07/01/24), as renumbered and amended by Laws of Utah 2023,
       Chapters 307, 310
       58-57-7 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapter 329
       63G-4-102 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapter 329
       63I-2-253 (Effective upon governor's approval) (Superseded 07/01/24), as last amended by
       Laws of Utah 2023, Chapters 7, 21, 33, 142, 167, 168, 310, 380, 383, and 467
       75-2a-103 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 139, 330
       75-2a-106 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapter 330
       76-10-3105 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapter 330
       80-2-1002 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapter 330
   ENACTS:
       53-2d-101.1 (Effective upon governor's approval), Utah Code Annotated 1953
46
   Be it enacted by the Legislature of the state of Utah:
           Section 1. Section 11-48-101.5 is amended to read:
           11-48-101.5 (Effective 07/01/24). Definitions.
           As used in this chapter:
   (1) (a) "911 ambulance services" means ambulance services rendered in response to a
       911 call received by a designated dispatch center that receives 911 or E911 calls.
       (b) "911 ambulance services" does not mean a seven or [ten] 10 digit telephone call
             received directly by an ambulance provider licensed under [Title 26B, Chapter 4, Part
             1, Utah Emergency Medical Services System] Title 53, Chapter 2d, Emergency
             Medical Services Act.
   (2) "Municipality" means a city, town, or metro township.
   (3) "Political subdivision" means a county, city, town, special district, or service district.
           Section 2. Section 26B-6-210 is amended to read:
           26B-6-210 (Effective 07/01/24). Statewide database -- Restricted use and access.
   (1) The division shall maintain a database for reports of vulnerable adult abuse, neglect, or
       exploitation made pursuant to this part.
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     Enrolled Copy                                                                                    S.B. 72
  (2) The database shall include:
      (a) the names and identifying data of the alleged abused, neglected, or exploited
          vulnerable adult and the alleged perpetrator;
      (b) information regarding whether or not the allegation of abuse, neglect, or exploitation
          was found to be:
          (i) supported;
          (ii) inconclusive;
          (iii) without merit; or
          (iv) for reports for which the finding is made before May 5, 2008:
              (A) substantiated; or
              (B) unsubstantiated; and
      (c) any other information that may be helpful in furthering the purposes of this part, as
          determined by the division.
  (3) Information obtained from the database may be used only:
      (a) for statistical summaries compiled by the department that do not include names or
          other identifying data;
      (b) where identification of an individual as a perpetrator may be relevant in a
          determination regarding whether to grant or deny a license, privilege, or approval
          made by:
          (i) the department;
          (ii) the Division of Professional Licensing;
          (iii) the Division of Licensing and Background Checks within the department;
          (iv) the Bureau of Emergency Medical Services [and Preparedness], within the [
              department, or a designee of the Bureau of Emergency Medical Services and
              Preparedness] Department of Public Safety;
          (v) any government agency specifically authorized by statute to access or use the
              information in the database; or
          (vi) an agency of another state that performs a similar function to an agency
              described in Subsections (3)(b)(i) through (iv); or
      (c) as otherwise specifically provided by law.
        Section 3. Section 53-2d-101 is amended to read:
        53-2d-101 (Effective 07/01/24). Definitions.
       As used in this chapter:
  (1) (a) "911 ambulance or paramedic services" means:
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      S.B. 72                                                                               Enrolled Copy
           (i) either:
               (A) 911 ambulance service;
               (B) 911 paramedic service; or
               (C) both 911 ambulance and paramedic service; and
           (ii) a response to a 911 call received by a designated dispatch center that receives 911
               or E911 calls.
       (b) "911 ambulance or paramedic services" does not mean a seven or 10 digit telephone
           call received directly by an ambulance provider licensed under this chapter.
   [(2) "Account" means the Automatic External Defibrillator Restricted Account, created in
       Section 53-2d-809.]
   [(3)] (2) "Ambulance" means a ground, air, or water vehicle that:
       (a) transports patients and is used to provide emergency medical services; and
       (b) is required to obtain a permit under Section 53-2d-404 to operate in the state.
   [(4)] (3) "Ambulance provider" means an emergency medical service provider that:
       (a) transports and provides emergency medical care to patients; and
       (b) is required to obtain a license under Part 5, Ambulance and Paramedic Providers.
   [(5)] (4) "Automatic external defibrillator" or "AED" means an automated or automatic
       computerized medical device that:
       (a) has received pre-market notification approval from the United States Food and Drug
           Administration, pursuant to 21 U.S.C. Sec. 360(k);
       (b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid
           ventricular tachycardia;
       (c) is capable of determining, without intervention by an operator, whether defibrillation
           should be performed; and
       (d) upon determining that defibrillation should be performed, automatically charges,
           enabling delivery of, or automatically delivers, an electrical impulse through the
           chest wall and to an individual's heart.
   [(6)] (5) (a) "Behavioral emergency services" means delivering a behavioral health
       intervention to a patient in an emergency context within a scope and in accordance
       with guidelines established by the department.
       (b) "Behavioral emergency services" does not include engaging in the:
           (i) practice of mental health therapy as defined in Section 58-60-102;
           (ii) practice of psychology as defined in Section 58-61-102;
           (iii) practice of clinical social work as defined in Section 58-60-202;
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      Enrolled Copy                                                                                   S.B. 72
          (iv) practice of certified social work as defined in Section 58-60-202;
          (v) practice of marriage and family therapy as defined in Section 58-60-302;
          (vi) practice of clinical mental health counseling as defined in Section 58-60-402; or
          (vii) practice as a substance use disorder counselor as defined in Section 58-60-502.
  [(7)] (6) "Bureau" means the Bureau of Emergency Medical Services created in Section
      53-2d-102.
  [(8)] (7) "Cardiopulmonary resuscitation" or "CPR" means artificial ventilation or external
      chest compression applied to a person who is unresponsive and not breathing.
  [(9)] (8) "Committee" means the State Emergency Medical Services Committee created by
      Section 53-2d-104.
  [(10)] (9) "Community paramedicine" means medical care:
      (a) provided by emergency medical service personnel; and
      (b) provided to a patient who is not:
          (i) in need of ambulance transportation; or
          (ii) located in a health care facility as defined in Section 26B-2-201.
  [(11) "Division" means the Division of Emergency Management created in Section
      53-2a-103.]
  [(12)] (10) "Direct medical observation" means in-person observation of a patient by a
      physician, registered nurse, physician's assistant, or individual licensed under Section
      26B-4-116.
  [(13)] (11) "Emergency medical condition" means:
      (a) a medical condition that manifests itself by symptoms of sufficient severity,
          including severe pain, 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:
          (i) placing the individual's health in serious jeopardy;
          (ii) serious impairment to bodily functions; or
          (iii) serious dysfunction of any bodily organ or part; or
      (b) a medical condition that in the opinion of a physician or the physician's designee
          requires direct medical observation during transport or may require the intervention
          of an individual licensed under Section 53-2d-402 during transport.
  [(14)] (12) "Emergency medical dispatch center" means a public safety answering point, as
      defined in Section 63H-7a-103, that is designated as an emergency medical dispatch
      center by the bureau.
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      S.B. 72                                                                                Enrolled Copy
   [(15)] (13) (a) "Emergency medical service personnel" means an individual who provides
       emergency medical services or behavioral emergency services to a patient and is
       required to be licensed or certified under Section 53-2d-402.
       (b) "Emergency medical service personnel" includes a paramedic, medical director of a
           licensed emergency medical service provider, emergency medical service instructor,
           behavioral emergency services technician, other categories established by the
           committee, and a certified emergency medical dispatcher.
   [(16)] (14) "Emergency medical service providers" means:
       (a) licensed ambulance providers and paramedic providers;
       (b) a facility or provider that is required to be designated under Subsection 53-2d-403
           (1)(a); and
       (c) emergency medical service personnel.
   [(17)] (15) "Emergency medical services" means:
       (a) medical services;
       (b) transportation services;
       (c) behavioral emergency services; or
       (d) any combination of the services described in Subsections [(17)(a)] (15)(a) through (c).
   [(18)] (16) "Emergency medical service vehicle" means a land, air, or water vehicle that is:
       (a) maintained and used for the transportation of emergency medical personnel,
           equipment, and supplies to the scene of a medical emergency; and
       (b) required to be permitted under Section 53-2d-404.
   [(19)] (17) "Governing body":
       (a) means the same as that term is defined in Section 11-42-102; and
       (b) for purposes of a "special service district" under Section 11-42-102, means a special
           service district that has been delegated the authority to select a provider under this
           chapter by the special service district's legislative body or administrative control
           board.
   [(20)] (18) "Interested party" means:
       (a) a licensed or designated emergency medical services provider that provides
           emergency medical services within or in an area that abuts an exclusive geographic
           service area that is the subject of an application submitted pursuant to Part 5,
           Ambulance and Paramedic Providers;
       (b) any municipality, county, or fire district that lies within or abuts a geographic service
           area that is the subject of an application submitted pursuant to Part 5, Ambulance and
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      Enrolled Copy                                                                                     S.B. 72
          Paramedic Providers; or
      (c) the department when acting in the interest of the public.
  [(21)] (19) "Level of service" means the level at which an ambulance provider type of
      service is licensed as:
      (a) emergency medical technician;
      (b) advanced emergency medical technician; or
      (c) paramedic.
  [(22)] (20) "Medical control" means a person who provides medical supervision to an
      emergency medical service provider.
  [(23)] (21) "Non-911 service" means transport of a patient that is not 911 transport under
      Subsection (1).
  [(24)] (22) "Nonemergency secured behavioral health transport" means an entity that:
      (a) provides nonemergency secure transportation services for an individual who:
          (i) is not required to be transported by an ambulance under Section 53-2d-405; and
          (ii) requires behavioral health observation during transport between any of the
                 following facilities:
                 (A) a licensed acute care hospital;
                 (B) an emergency patient receiving facility;
                 (C) a licensed mental health facility; and
                 (D) the office of a licensed health care provider; and
      (b) is required to be designated under Section 53-2d-403.
  [(25)] (23) "Paramedic provider" means an entity that:
      (a) employs emergency medical service personnel; and
      (b) is required to obtain a license under Part 5, Ambulance and Paramedic Providers.
  [(26)] (24) "Patient" means an individual who, as the result of illness, injury, or a behavioral
      emergency condition, meets any of the criteria in Section 26B-4-119.
  [(27)] (25) "Political subdivision" means:
      (a) a city, town, or metro township;
      (b) a county;
      (c) a special service district created under Title 17D, Chapter 1, Special Service District
          Act, for the purpose of providing fire protection services under Subsection 17D-1-201
          (9);
      (d) a special district created under Title 17B, Limited Purpose Local Government
          Entities - Special Districts, for the purpose of providing fire protection, paramedic,
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      S.B. 72                                                                                   Enrolled Copy
             and emergency services;
       (e) areas coming together as described in Subsection 53-2d-505.2(2)(b)(ii); or
       (f) an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act.
   [(28)] (26) "Sudden cardiac arrest" means a life-threatening condition that results when a
       person's heart stops or fails to produce a pulse.
   [(29)] (27) "Trauma" means an injury requiring immediate medical or surgical intervention.
   [(30)] (28) "Trauma system" means a single, statewide system that:
       (a) organizes and coordinates the delivery of trauma care within defined geographic
             areas from the time of injury through transport and rehabilitative care; and
       (b) is inclusive of all prehospital providers, hos