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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 893
Introduced by Bostelman, 23.
Read first time January 09, 2020
Committee: Health and Human Services
1 A BILL FOR AN ACT relating to emergency medical services; to amend
2 sections 13-1801, 23-1821, 28-907, 28-929, 28-929.01, 28-930,
3 28-931, 28-931.01, 38-1202, 38-1203, 38-1209, 38-1210, 38-1211,
4 38-1213, 38-1226, 38-1228, 38-1233, 38-1234, 48-115, 71-507, 71-509,
5 71-8226, 71-8227, 71-8236, 71-8237, 71-8240, 71-8248, 71-8249,
6 71-8251, and 71-8253, Reissue Revised Statutes of Nebraska, sections
7 13-303, 28-934, 38-1201, 38-1204, 38-1204.01, 38-1206.01,
8 38-1207.01, 38-1207.02, 38-1208, 38-1208.01, 38-1208.02, 38-1215,
9 38-1216, 38-1217, 38-1218, 38-1224, 38-1225, 38-1232, and 38-1237,
10 Revised Statutes Cumulative Supplement, 2018, and section 38-1220,
11 Revised Statutes Supplement, 2019; to define and redefine terms; to
12 provide for community paramedic and critical care paramedic practice
13 and discipline of training agencies; to change the scope of practice
14 of emergency care providers; to change provisions relating to the
15 State Trauma Advisory Board; to eliminate powers and duties; to
16 harmonize provisions; to eliminate obsolete provisions; and to
17 repeal the original sections.
18 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 13-303, Revised Statutes Cumulative Supplement,
2 2018, is amended to read:
3 13-303 The county boards of counties and the governing bodies of
4 cities and villages may establish an emergency medical service, including
5 the provision of scheduled and unscheduled ambulance service, as a
6 governmental service either within or without the county or municipality,
7 as the case may be. The county board or governing body may contract with
8 any city, person, firm, or corporation licensed as an emergency medical
9 service for emergency medical care by out-of-hospital emergency care
10 providers. Each may enter into an agreement with the other under the
11 Interlocal Cooperation Act or Joint Public Agency Act for the purpose of
12 establishing an emergency medical service or may provide a separate
13 service for itself. Public funds may be expended therefor, and a
14 reasonable service fee may be charged to the user. Before any such
15 service is established under the authority of this section, the county
16 board or the governing bodies of cities and villages shall hold a public
17 hearing after giving at least ten days' notice thereof, which notice
18 shall include a brief summary of the general plan for establishing such
19 service, including an estimate of the initial cost and the possible
20 continuing cost of operating such service. If the board or governing body
21 after such hearing determines that an emergency medical service for
22 emergency medical care by out-of-hospital emergency care providers is
23 needed, it may proceed as authorized in this section. The authority
24 granted in this section shall be cumulative and supplementary to any
25 existing powers heretofore granted. Any county board of counties and the
26 governing bodies of cities and villages may pay their cost for such
27 service out of available general funds or may levy a tax for the purpose
28 of providing the service, which levy shall be in addition to all other
29 taxes and shall be in addition to restrictions on the levy of taxes
30 provided by statute, except that when a rural or suburban fire protection
31 district provides the service, the county shall pay the cost for the
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1 county service by levying a tax on that property not in the rural or
2 suburban fire protection district providing the service. The levy shall
3 be subject to subsection (10) of section 77-3442 or section 77-3443, as
4 applicable.
5 Sec. 2. Section 13-1801, Reissue Revised Statutes of Nebraska, is
6 amended to read:
7 13-1801 If any legal action shall be brought against any municipal
8 police officer, constable, county sheriff, deputy sheriff, firefighter,
9 out-of-hospital emergency care provider, or other elected or appointed
10 official of any political subdivision, who is an employee as defined in
11 section 48-115, whether such person is a volunteer or partly paid or
12 fully paid, based upon the negligent error or omission of such person
13 while in the performance of his or her lawful duties, the political
14 subdivision which employs, appoints, or otherwise designates such person
15 an employee as defined in section 48-115 shall defend him or her against
16 such action, and if final judgment is rendered against such person, such
17 political subdivision shall pay such judgment in his or her behalf and
18 shall have no right to restitution from such person.
19 A political subdivision shall have the right to purchase insurance
20 to indemnify itself in advance against the possibility of such loss under
21 this section, and the insurance company shall have no right of
22 subrogation against the person. This section shall not be construed to
23 permit a political subdivision to pay for a judgment obtained against a
24 person as a result of illegal acts committed by such person.
25 Sec. 3. Section 23-1821, Reissue Revised Statutes of Nebraska, is
26 amended to read:
27 23-1821 (1) Every hospital, emergency care facility, physician,
28 nurse, out-of-hospital emergency care provider, or law enforcement
29 officer shall immediately notify the county coroner in all cases when it
30 appears that an individual has died while being apprehended by or while
31 in the custody of a law enforcement officer or detention personnel.
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1 (2) Any person who violates this section shall be guilty of a Class
2 IV misdemeanor.
3 Sec. 4. Section 28-907, Reissue Revised Statutes of Nebraska, is
4 amended to read:
5 28-907 (1) A person commits the offense of false reporting if he or
6 she:
7 (a) Furnishes material information he or she knows to be false to
8 any peace officer or other official with the intent to instigate an
9 investigation of an alleged criminal matter or to impede the
10 investigation of an actual criminal matter;
11 (b) Furnishes information he or she knows to be false alleging the
12 existence of the need for the assistance of an emergency medical service
13 or out-of-hospital emergency care provider or an emergency in which human
14 life or property are in jeopardy to any hospital, emergency medical
15 service, or other person or governmental agency;
16 (c) Furnishes any information, or causes such information to be
17 furnished or conveyed by electric, electronic, telephonic, or mechanical
18 means, knowing the same to be false concerning the need for assistance of
19 a fire department or any personnel or equipment of such department;
20 (d) Furnishes any information he or she knows to be false concerning
21 the location of any explosive in any building or other property to any
22 person; or
23 (e) Furnishes material information he or she knows to be false to
24 any governmental department or agency with the intent to instigate an
25 investigation or to impede an ongoing investigation and which actually
26 results in causing or impeding such investigation.
27 (2)(a) False reporting pursuant to subdivisions (1)(a) through (d)
28 of this section is a Class I misdemeanor. ; and
29 (b) False reporting pursuant to subdivision (1)(e) of this section
30 is an infraction.
31 Sec. 5. Section 28-929, Reissue Revised Statutes of Nebraska, is
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1 amended to read:
2 28-929 (1) A person commits the offense of assault on an officer, an
3 emergency responder, a state correctional employee, a Department of
4 Health and Human Services employee, or a health care professional in the
5 first degree if:
6 (a) He or she intentionally or knowingly causes serious bodily
7 injury:
8 (i) To a peace officer, a probation officer, a firefighter, an out-
9 of-hospital emergency care provider, or an employee of the Department of
10 Correctional Services;
11 (ii) To an employee of the Department of Health and Human Services
12 if the person committing the offense is committed as a dangerous sex
13 offender under the Sex Offender Commitment Act; or
14 (iii) To a health care professional; and
15 (b) The offense is committed while such officer, firefighter, out-
16 of-hospital emergency care provider, or employee is engaged in the
17 performance of his or her official duties or while the health care
18 professional is on duty at a hospital or a health clinic.
19 (2) Assault on an officer, an emergency responder, a state
20 correctional employee, a Department of Health and Human Services
21 employee, or a health care professional in the first degree shall be a
22 Class ID felony.
23 Sec. 6. Section 28-929.01, Reissue Revised Statutes of Nebraska, is
24 amended to read:
25 28-929.01 For purposes of sections 28-929, 28-929.02, 28-930,
26 28-931, and 28-931.01:
27 (1) Emergency care provider means (a) an emergency medical
28 responder; (b) an emergency medical technician; (c) an advanced emergency
29 medical technician; (d) a community paramedic; (e) a critical care
30 paramedic; or (f) a paramedic, as those persons are licensed and
31 classified under the Emergency Medical Services Practice Act;
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1 (2) (1) Health care professional means a physician or other health
2 care practitioner who is licensed, certified, or registered to perform
3 specified health services consistent with state law who practices at a
4 hospital or a health clinic;
5 (3) (2) Health clinic has the definition found in section 71-416;
6 and
7 (4) (3) Hospital has the definition found in section 71-419. ; and
8 (4) Out-of-hospital emergency care provider means (a) an emergency
9 medical responder; (b) an emergency medical technician; (c) an advanced
10 emergency medical technician; or (d) a paramedic, as those persons are
11 licensed and classified under the Emergency Medical Services Practice
12 Act.
13 Sec. 7. Section 28-930, Reissue Revised Statutes of Nebraska, is
14 amended to read:
15 28-930 (1) A person commits the offense of assault on an officer, an
16 emergency responder, a state correctional employee, a Department of
17 Health and Human Services employee, or a health care professional in the
18 second degree if:
19 (a) He or she:
20 (i) Intentionally or knowingly causes bodily injury with a dangerous
21 instrument:
22 (A) To a peace officer, a probation officer, a firefighter, an out-
23 of-hospital emergency care provider, or an employee of the Department of
24 Correctional Services;
25 (B) To an employee of the Department of Health and Human Services if
26 the person committing the offense is committed as a dangerous sex
27 offender under the Sex Offender Commitment Act; or
28 (C) To a health care professional; or
29 (ii) Recklessly causes bodily injury with a dangerous instrument:
30 (A) To a peace officer, a probation officer, a firefighter, an out-
31 of-hospital emergency care provider, or an employee of the Department of
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1 Correctional Services;
2 (B) To an employee of the Department of Health and Human Services if
3 the person committing the offense is committed as a dangerous sex
4 offender under the Sex Offender Commitment Act; or
5 (C) To a health care professional; and
6 (b) The offense is committed while such officer, firefighter, out-
7 of-hospital emergency care provider, or employee is engaged in the
8 performance of his or her official duties or while the health care
9 professional is on duty at a hospital or a health clinic.
10 (2) Assault on an officer, an emergency responder, a state
11 correctional employee, a Department of Health and Human Services
12 employee, or a health care professional in the second degree shall be a
13 Class II felony.
14 Sec. 8. Section 28-931, Reissue Revised Statutes of Nebraska, is
15 amended to read:
16 28-931 (1) A person commits the offense of assault on an officer, an
17 emergency responder, a state correctional employee, a Department of
18 Health and Human Services employee, or a health care professional in the
19 third degree if:
20 (a) He or she intentionally, knowingly, or recklessly causes bodily
21 injury:
22 (i) To a peace officer, a probation officer, a firefighter, an out-
23 of-hospital emergency care provider, or an employee of the Department of
24 Correctional Services;
25 (ii) To an employee of the Department of Health and Human Services
26 if the person committing the offense is committed as a dangerous sex
27 offender under the Sex Offender Commitment Act; or
28 (iii) To a health care professional; and
29 (b) The offense is committed while such officer, firefighter, out-
30 of-hospital emergency care provider, or employee is engaged in the
31 performance of his or her official duties or while the health care
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1 professional is on duty at a hospital or a health clinic.
2 (2) Assault on an officer, an emergency responder, a state
3 correctional employee, a Department of Health and Human Services
4 employee, or a health care professional in the third degree shall be a
5 Class IIIA felony.
6 Sec. 9. Section 28-931.01, Reissue Revised Statutes of Nebraska, is
7 amended to read:
8 28-931.01 (1) A person commits the offense of assault on an officer,
9 an emergency responder, a state correctional employee, a Department of
10 Health and Human Services employee, or a health care professional using a
11 motor vehicle if:
12 (a) By using a motor vehicle to run over or to strike an officer, an
13 emergency responder, a state correctional employee, a Department of
14 Health and Human Services employee, or a health care professional or by
15 using a motor vehicle to collide with an officer's, an emergency
16 responder's, a state correctional employee's, a Department of Health and
17 Human Services employee's, or a health care professional's motor vehicle,
18 he or she intentionally and knowingly causes bodily injury:
19 (i) To a peace officer, a probation officer, a firefighter, an out-
20 of-hospital emergency care provider, or an employee of the Department of
21 Correctional Services;
22 (ii) To an employee of the Department of Health and Human Services
23 if the person committing the offense is committed as