Current Status Bill Number:
4365Ratification Number: 284Act Number: 263Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19960109Primary Sponsor: LanfordAll Sponsors: Lanford, Walker, Keyserling, Jennings, Cain, Bailey, Law, Simrill, Herdklotz, SeithelDrafted Document Number: PFM\7728AC.96Companion Bill Number: 997Date Bill Passed both Bodies: 19960306Date of Last Amendment: 19960228Governor's Action: SDate of Governor's Action: 19960401Subject: Firefighter, emergency medical technician course
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19960410 Act No. A263 ------ 19960401 Signed by Governor ------ 19960326 Ratified R284 House 19960306 Concurred in Senate amendment, enrolled for ratification Senate 19960229 Read third time, returned to House with amendment Senate 19960228 Amended, read second time Senate 19960227 Recalled from Committee, 13 SMA placed on the Calendar Senate 19960208 Introduced, read first time, 13 SMA referred to Committee House 19960207 Read third time, sent to Senate House 19960206 Amended, read second time House 19960201 Committee report: Favorable with 27 H3M amendment House 19960109 Introduced, read first time, 27 H3M referred to Committee House 19951213 Prefiled, referred to Committee 27 H3MView additional legislative information at the LPITS web site.
(A263, R284, H4365)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-61-65 SO AS TO ESTABLISH LICENSURE REQUIREMENTS FOR FIRST RESPONDER EMERGENCY MEDICAL SERVICES ORGANIZATIONS; TO AMEND SECTION 44-61-20, RELATING TO DEFINITIONS FOR "THE EMERGENCY MEDICAL SERVICES ACT OF SOUTH CAROLINA" SO AS TO DEFINE EMT FIRST RESPONDER AGENCY; TO AMEND SECTION 44-61-30, RELATING TO STANDARDS FOR EMERGENCY MEDICAL SERVICES AND THE CREATION OF THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL SO AS TO INCLUDE IN THE EMS PROGRAM THE LICENSING OF EMT FIRST RESPONDER AGENCIES, THE DESIGNATION OF TRAUMA CENTERS, AND THE CATEGORIZATION OF HOSPITAL EMERGENCY DEPARTMENTS AND TO EXPAND THE MEMBERSHIP OF THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL; TO AMEND SECTION 44-61-40, RELATING TO EMERGENCY MEDICAL LICENSES AND PERMITS, SO AS TO REQUIRE A LICENSE AND PERMIT FOR PROVIDING EMT FIRST RESPONSE OR AMBULANCE SERVICE RATHER THAN FOR TRANSPORTING PATIENTS; TO AMEND SECTION 44-61-90, RELATING TO AMBULANCE SERVICE RECORDS SO AS TO REQUIRE RECORDKEEPING OF PATIENT CARE RATHER THAN OF AMBULANCE RUNS; AND TO AMEND SECTION 44-61-140, RELATING TO REQUIREMENTS FOR EXISTING RESCUE UNITS SO AS TO PROVIDE THAT IN PERFORMING THEIR FUNCTIONS THESE UNITS MAY NOT CONFLICT WITH LICENSED AGENCIES RATHER THAN WITH AMBULANCE SERVICES.
Be it enacted by the General Assembly of the State of South Carolina:
First responder licensing requirements
SECTION 1. The 1976 Code is amended by adding:
"Section 44-61-65. Organizations applying for first responder licensure must comply with equipment, training, and certification standards and other requirements promulgated by the department in regulation."
SECTION 2. Section 44-61-20 of the 1976 Code is amended by adding at the end:
"(t) `EMT First Responder Agency' means a licensed agency providing medical care at the EMT Basic level or above, as a nontransporting first responder."
Duties and council expanded
SECTION 3. Section 44-61-30 of the 1976 Code is amended to read:
"Section 44-61-30. (a) The Department of Health and Environmental Control, with the advice of the Emergency Medical Services Advisory Council, shall develop standards and prescribe regulations for the improvement of emergency medical services (hereinafter referred to as EMS) in the State. All administrative responsibility for this program is vested in the department.
(b) The EMS program shall include:
(1) the regulation and licensing of public, private, volunteer, or other type ambulance services; however, in developing these programs for regulating and licensing ambulance services, the programs must be formulated in such a manner so as not to restrict or restrain competition;
(2) inspection and issuance of permits for ambulance vehicles;
(3) the licensing of EMT first responder agencies;
(4) training and certification of EMS personnel;
(5) development, adoption, and implementation of EMS standards and state plan;
(6) the development and coordination of an EMS communications system; and
(7) designation of trauma centers and the categorization of hospital emergency departments.
(c) An Emergency Medical Services Advisory Council must be established composed of representatives of the Department of Health and Environmental Control, the South Carolina Medical Association, the South Carolina Committee on Trauma, the South Carolina Hospital Association, the South Carolina Heart Association, Medical University of South Carolina, University of South Carolina School of Medicine, South Carolina College of Emergency Physicians, South Carolina Emergency Nurses Association, Emergency Preparedness Division of the Office of the Adjutant General, South Carolina Emergency Medical Services Association, State Board For Technical and Comprehensive Education, Governor's Office of Highway Safety, Department of Health and Human Services, four regional Emergency Medical Services councils, and one EMT first responder agency. Membership on the council must be by appointment by the board. Three members of the advisory council must be members of organized rescue squads operating in this State, three members shall represent the private emergency services systems, and three members shall represent the county emergency medical services systems."
License required to provide services
SECTION 4. Section 44-61-40(a) of the 1976 Code is amended to read:
"(a) No person, firm, corporation, association, county, district, municipality, or metropolitan government or agency, either as owner, agent, or otherwise, shall furnish, operate, conduct, maintain, advertise, or otherwise engage in or profess to engage in the business or service of providing EMT first response or ambulance service, or both, without obtaining a valid license and ambulance permit issued by the department."
SECTION 5. Section 44-61-90 of the 1976 Code is amended to read:
"Section 44-61-90. Each licensee shall maintain records that include approved patient care report forms, employee/member rosters, time sheets, call rosters, and training records. These records must be available for inspection by the department at any reasonable time and copies must be furnished to the department upon request."
Existing rescue units
SECTION 6. Section 44-61-140 of the 1976 Code is amended to read:
"Section 44-61-140. Nothing in this chapter may be construed as limiting presently operating rescue units from utilizing their existing equipment and performing the functions they are now allowed to do so long as they do not conflict with licensed agencies contained in subsection (a) of Section 44-61-40."
SECTION 7. This act takes effect January 1, 1997.
Approved the 1st day of April, 1996.