Minnesota Session Laws - 2000, Regular Session

                            CHAPTER 313-S.F.No. 2748 
                  An act relating to health; modifying ambulance service 
                  and EMT requirements; amending Minnesota Statutes 1999 
                  Supplement, sections 144E.101, subdivision 9; 144E.28, 
                  subdivisions 5 and 7; 144E.285, subdivisions 1 and 4; 
                  144E.29; 144E.305, subdivisions 1 and 2; and 144E.50, 
                  subdivision 6; repealing Minnesota Rules, parts 
                  4690.0100, subpart 28; 4690.3500; 4690.7900, subpart 
                  2; and 4735.5100. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1999 Supplement, section 
        144E.101, subdivision 9, is amended to read: 
           Subd. 9.  [SPECIALIZED LIFE SUPPORT.] A specialized ground 
        life support service providing advanced life support shall be 
        staffed by at least one EMT and one EMT-P, registered nurse, or 
        physician assistant.  A specialized life support service shall 
        provide basic or advanced life support as designated by the 
        board, and shall be restricted by the board to: 
           (1) operation less than 24 hours of every day; 
           (2) designated segments of the population; 
           (3) certain types of medical conditions; or 
           (4) air ambulance service that includes fixed-wing and or 
        rotor-wing. 
           Sec. 2.  Minnesota Statutes 1999 Supplement, section 
        144E.28, subdivision 5, is amended to read: 
           Subd. 5.  [DENIAL, SUSPENSION, REVOCATION.] (a) The board 
        may deny certification or take any action authorized in 
        subdivision 4 against an individual who the board determines: 
           (1) violates sections 144E.001 to 144E.33 or the rules 
        adopted under those sections; 
           (2) misrepresents or falsifies information on an 
        application form for certification; 
           (3) is convicted or pleads guilty or nolo contendere to any 
        felony; any gross misdemeanor relating to assault, sexual 
        misconduct, or the illegal use of drugs or alcohol; or any 
        misdemeanor relating to sexual misconduct or the illegal use of 
        drugs or alcohol; 
           (4) is actually or potentially unable to provide emergency 
        medical services with reasonable skill and safety to patients by 
        reason of illness, use of alcohol, drugs, chemicals, or any 
        other material, or as a result of any mental or physical 
        condition; 
           (5) engages in unethical conduct, including, but not 
        limited to, conduct likely to deceive, defraud, or harm the 
        public or demonstrating a willful or careless disregard for the 
        health, welfare, or safety of the public; or 
           (6) maltreats or abandons a patient. 
           (b) Before taking action under paragraph (a), the board 
        shall give notice to an individual of the right to a contested 
        case hearing under chapter 14.  If an individual requests a 
        contested case hearing within 30 days after receiving notice, 
        the board shall initiate a contested case hearing according to 
        chapter 14 and no disciplinary action shall be taken at that 
        time. 
           (c) The administrative law judge shall issue a report and 
        recommendation within 30 days after closing the contested case 
        hearing record.  The board shall issue a final order within 30 
        days after receipt of the administrative law judge's report. 
           (d) After six months from the board's decision to deny, 
        revoke, place conditions on, or refuse renewal of an 
        individual's certification for disciplinary action, the 
        individual shall have the opportunity to apply to the board for 
        reinstatement. 
           Sec. 3.  Minnesota Statutes 1999 Supplement, section 
        144E.28, subdivision 7, is amended to read: 
           Subd. 7.  [RENEWAL.] (a) Before the expiration date of 
        certification, an applicant for renewal of certification as an 
        EMT shall:  
           (1) successfully complete a course in cardiopulmonary 
        resuscitation that is approved by the board or the licensee's 
        medical director; and 
           (2) take the United States Department of Transportation EMT 
        refresher course and successfully pass the practical skills test 
        portion of the course, or successfully complete 48 hours of 
        continuing education in EMT programs that are consistent with 
        the United States Department of Transportation National Standard 
        Curriculum or its equivalent as approved by the board or as 
        approved by the licensee's medical director and pass a practical 
        skills test approved by the board and administered by a training 
        program approved by the board.  The cardiopulmonary 
        resuscitation course and practical skills test may be included 
        as part of the refresher course or continuing education renewal 
        requirements.  Twenty-four of the 48 hours must include at least 
        four hours of instruction in each of the following six 
        categories: 
           (i) airway management and resuscitation procedures; 
           (ii) circulation, bleeding control, and shock; 
           (iii) human anatomy and physiology, patient assessment, and 
        medical emergencies; 
           (iv) injuries involving musculoskeletal, nervous, 
        digestive, and genito-urinary systems; 
           (v) environmental emergencies and rescue techniques; and 
           (vi) emergency childbirth and other special situations. 
           (b) Before the expiration date of certification, an 
        applicant for renewal of certification as an EMT-I or EMT-P 
        shall:  
           (1) for an EMT-I, successfully complete a course in 
        cardiopulmonary resuscitation that is approved by the board or 
        the licensee's medical director and for an EMT-P, successfully 
        complete a course in advanced cardiac life support that is 
        approved by the board or the licensee's medical director; and 
           (2) successfully complete 48 hours of continuing education 
        in emergency medical training programs, appropriate to the level 
        of the applicant's EMT-I or EMT-P certification, that are 
        consistent with the United States Department of Transportation 
        National Standard Curriculum or its equivalent as approved by 
        the board or as approved by the licensee's medical director.  An 
        applicant may take the United States Department of 
        Transportation Emergency Medical Technician refresher course or 
        its equivalent without the written or practical test as approved 
        by the board, and as appropriate to the applicant's level of 
        certification, as part of the 48 hours of continuing education.  
        Each hour of the refresher course, the cardiopulmonary 
        resuscitation course, and the advanced cardiac life support 
        course counts toward the 48-hour continuing education 
        requirement. 
           (c) Certification shall be renewed every two years. 
           (d) If the applicant does not meet the renewal requirements 
        under this subdivision, the applicant's certification expires. 
           Sec. 4.  Minnesota Statutes 1999 Supplement, section 
        144E.285, subdivision 1, is amended to read: 
           Subdivision 1.  [APPROVAL REQUIRED.] (a) All training 
        programs for an EMT, EMT-I, or EMT-P must be approved by the 
        board. 
           (b) To be approved by the board, a training program must: 
           (1) submit an application prescribed by the board that 
        includes: 
           (i) type and length of course to be offered; 
           (ii) names, addresses, and qualifications of the program 
        medical director, program training coordinator, and certified 
        instructors; 
           (iii) names and addresses of clinical sites, including a 
        contact person and telephone number; 
           (iv) admission criteria for students; and 
           (v) materials and equipment to be used; 
           (2) for each course, implement the most current version of 
        the United States Department of Transportation curriculum or its 
        equivalent as determined by the board applicable to EMT, EMT-I, 
        or EMT-P training; 
           (3) have a program medical director and a program 
        coordinator; 
           (4) utilize instructors who meet the requirements of 
        section 144E.283 for teaching at least 50 percent of the course 
        content.  The remaining 50 percent of the course may be taught 
        by guest lecturers approved by the training program coordinator 
        or medical director; 
           (5) have at least one instructor for every ten students at 
        the practical skill stations; 
           (6) maintain a written agreement with a licensed hospital 
        or licensed ambulance service designating a clinical training 
        site; 
           (7) retain documentation of program approval by the board, 
        course outline, and student information; 
           (8) notify the board of the starting date of a course prior 
        to the beginning of a course; and 
           (9) submit the appropriate fee as required under section 
        144E.29.  
           Sec. 5.  Minnesota Statutes 1999 Supplement, section 
        144E.285, subdivision 4, is amended to read: 
           Subd. 4.  [REAPPROVAL.] A training program shall apply to 
        the board for reapproval at least three months prior to the 
        expiration date of its approval and must: 
           (1) submit an application prescribed by the board 
        specifying any changes from the information provided for prior 
        approval and any other information requested by the board to 
        clarify incomplete or ambiguous information presented in the 
        application; and 
           (2) comply with the requirements under subdivision 1, 
        paragraph (b), clauses (2) to (8) (9). 
           Sec. 6.  Minnesota Statutes 1999 Supplement, section 
        144E.29, is amended to read: 
           144E.29 [FEES.] 
           (a) The board shall charge the following fees: 
           (1) initial application for and renewal of an ambulance 
        service license, $150; 
           (2) each ambulance operated by a licensee, $96.  The 
        licensee shall pay an additional $96 fee for the full licensing 
        period or $8 $4 per month for any fraction of the period for 
        each ambulance added to the ambulance service during the 
        licensing period; 
           (3) initial application for and renewal of approval for a 
        training program, $100; and 
           (4) duplicate of an original license, certification, or 
        approval, $25.  
           (b) With the exception of paragraph (a), clause (5) (4), 
        all fees are for a two-year period.  All fees are nonrefundable. 
           (c) Fees collected by the board shall be deposited as 
        nondedicated receipts in the trunk highway fund. 
           Sec. 7.  Minnesota Statutes 1999 Supplement, section 
        144E.305, subdivision 1, is amended to read: 
           Subdivision 1.  [VOLUNTARY REPORTING.] A person who has 
        knowledge of any conduct constituting grounds for discipline 
        under section 144E.27, subdivision 5, or 144E.28, subdivision 4 
        5, may report the alleged violation to the board. 
           Sec. 8.  Minnesota Statutes 1999 Supplement, section 
        144E.305, subdivision 2, is amended to read: 
           Subd. 2.  [MANDATORY REPORTING.] (a) A licensee shall 
        report to the board conduct by a first responder, EMT, EMT-I, or 
        EMT-P that they reasonably believe constitutes grounds for 
        disciplinary action under section 144E.27, subdivision 5, or 
        144E.28, subdivision 4 5.  
           (b) A licensee shall report to the board any dismissal from 
        employment of a first responder, EMT, EMT-I, or EMT-P.  A 
        licensee shall report the resignation of a first responder, EMT, 
        EMT-I, or EMT-P before the conclusion of any disciplinary 
        proceeding or before commencement of formal charges but after 
        the first responder, EMT, EMT-I, or EMT-P has knowledge that 
        formal charges are contemplated or in preparation. 
           Sec. 9.  Minnesota Statutes 1999 Supplement, section 
        144E.50, subdivision 6, is amended to read: 
           Subd. 6.  [AUDITS.] (a) Each regional emergency medical 
        services board designated by the emergency medical services 
        regulatory board shall be audited either annually or biennially 
        by an independent auditor who is either a state or local 
        government auditor or a certified public accountant who meets 
        the independence standards specified by the General Accounting 
        Office for audits of governmental organizations, programs, 
        activities, and functions.  The audit shall cover all funds 
        received by the regional board, including but not limited to, 
        funds appropriated under this section, section 144E.52, and 
        section 169.686, subdivision 3.  Expenses associated with the 
        audit are the responsibility of the regional board. 
           (b) The A biennial audit specified in paragraph (a) shall 
        be performed within 60 days following the close of the 
        biennium.  Copies of the audit and any accompanying materials 
        shall be filed by October 1 of each odd-numbered year, beginning 
        in 1999, with the emergency medical services regulatory board, 
        the legislative auditor, and the state auditor. 
           (c) An annual audit specified in paragraph (a) shall be 
        performed within 120 days following the close of the regional 
        emergency medical services board's fiscal year.  Copies of the 
        audit and any accompanying materials shall be filed within 150 
        days following the close of the regional emergency medical 
        services board's fiscal year, beginning in the year 2000, with 
        the board, the legislative auditor, and the state auditor. 
           (c) (d) If the audit is not conducted as required in 
        paragraph (a) or copies filed as required in paragraph (b) or 
        (c), or if the audit determines that funds were not spent in 
        accordance with this chapter, the emergency medical services 
        regulatory board shall immediately reduce funding to the 
        regional emergency medical services board as follows: 
           (1) if an audit was not conducted or if an audit was 
        conducted but copies were not provided as required, funding 
        shall be reduced by up to 100 percent; and 
           (2) if an audit was conducted and copies provided, and the 
        audit identifies expenditures made that are not in compliance 
        with this chapter, funding shall be reduced by the amount in 
        question plus ten percent.  
        A funding reduction under this paragraph is effective for the 
        fiscal year in which the reduction is taken and the following 
        fiscal year. 
           (d) (e) The emergency medical services regulatory board 
        shall distribute any funds withheld from a regional board under 
        paragraph (c) (d) to the remaining regional boards on a pro rata 
        basis. 
           Sec. 10.  [REPEALER.] 
           Minnesota Rules, parts 4690.0100, subpart 28; 4690.3500; 
        4690.7900, subpart 2; and 4735.5100, are repealed. 
           Sec. 11.  [EFFECTIVE DATE.] 
           Sections 1 to 10 are effective the day following final 
        enactment. 
           Presented to the governor March 30, 2000 
           Signed by the governor April 3, 2000, 2:10 p.m.