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COMMITTEE REPORT
April 11, 2007
H. 3304
Introduced by Reps. J.M. Neal, McLeod, Branham, Chalk, Frye, Gambrell, Littlejohn, Lucas, Mulvaney, Neilson, Rice, Spires, Viers and Agnew
S. Printed 4/11/07--H.
Read the first time January 17, 2007.
To whom was referred a Bill (H. 3304) to amend the Code of Laws of South Carolina, 1976, by adding Article 7 to Chapter 61, Title 44 so as to enact the "South Carolina Emergency Medical Services Employment Act", etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 44-61-80(d) and (e) of the 1976 Code, as amended by Act 271 of 2004, is further amended to read:
"(d) A person seeking EMT certification or recertification must undergo a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division(SLED), and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation (FBI). The results of these criminal records checks must be reported to the department. SLED is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. The cost of the state criminal records check must not exceed eight dollars and must be paid to the department by the EMT or the EMS agency upon application for the state check. The cost of the national records check is established by the FBI and must be paid to the department by the EMT or the EMS agency upon application for the national check. The state and national criminal records checks are not required for an EMT employed as of July 1, 2007, until the EMT applies for recertification. The department may deny certification to applicants with certain past felony convictions and to those who are under felony indictment. Applications for certification of individuals convicted of or under indictment for the following crimes will be denied in all cases:
(1) felonies involving criminal sexual conduct;
(2) felonies involving the physical or sexual abuse of children, the elderly, or the infirm including, but not limited to, criminal sexual misconduct with a child, making or distributing child pornography or using a child in a sexual display, incest involving a child, assault on a vulnerable adult;
(3) a crime in which the victim is a patient or resident of a health care facility, including abuse, neglect, theft from, or financial exploitation of a person entrusted to the care or protection of the applicant.
Applications from individuals convicted of, or under indictment for, other offenses not listed above will be reviewed by the department on a case by case basis.
(e) EMT certification is valid for a period not exceeding three years from the date of issuance and must be renewed by undergoing a state and national criminal records check as provided for in subsection (d) and completing a refresher course and examination during the three-year certification period as required by the department and provided for by this article. Upon successful completion of an approved in-service training program directed by the medical control physician during the three-year certification period and passage of the skills evaluation as provided for by the department, the refresher course requirements and the practical skills evaluation may be waived. Failure to pass the written examination after three attempts will require completion of another refresher course and reexamination. The curriculum for in-service training programs required in this subsection must include, but not be limited to, subject matter prescribed by the department. The in-service training programs shall consist of classroom and skills phases that may be conducted at licensed services, educational facilities, or hospitals throughout the State. The medical control physician who evaluates the skills of an emergency medical technician applying for certificate renewal may also grant a waiver of taking the written exam. The waiver must certify that the emergency medical technician is knowledgeable, proficient, and capable of performing the duties of an emergency medical technician. The accomplished waiver substitutes for the written exam, but all others are required to take the prescribed written exam before renewal. Those who are nationally registered may exempt the state practical and written exam upon submission of appropriate documentation."
SECTION 2. This act takes effect July 1, 2007./
Renumber sections to conform.
Amend title to conform.
LEON HOWARD for Committee.
EXPLANATION OF IMPACT:
State Law Enforcement Division (SLED)
Section 44-61-80 indicates the cost of the background check may be paid by the EMT or the EMT agency. The bill provides that the cost of the state criminal records check must not exceed eight dollars which is the fee SLED may charge charitable organizations under proviso 56DD.7 of the FY 2006-07 Appropriation Act. Assuming other funds revenue will cover the cost of conducting the state background check there should be no additional cost to the state general fund upon enactment. SLED indicates the cost of a records check is $24 for the federal criminal record check.
Department of Health & Environmental Control
The department indicates that there would be some cost associated with an employee needed to process finger print cards, money orders, certifications, etc. However, these costs are minimal and the agency will absorb them using their appropriated resources.
LOCAL GOVERNMENT IMPACT:
Responses from local governments indicate enactment would have little or no impact on expenditures. Counties either already require a criminal records check or anticipate the number of new hires annually to be minimal.
Approved By:
Harry Bell
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 61, TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA EMERGENCY MEDICAL SERVICES EMPLOYMENT ACT" AND TO REQUIRE AFTER JUNE 30, 2007, A PERSON SEEKING EMPLOYMENT AS AN EMERGENCY MEDICAL TECHNICIAN (EMT) TO UNDERGO A CRIMINAL RECORDS CHECK PRIOR TO EMPLOYMENT, TO PROHIBIT EMPLOYMENT OF A PERSON AS AN EMT IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONY CRIMES OR CRIMES AGAINST CERTAIN VULNERABLE INDIVIDUALS, TO EXEMPT AN EMT EMPLOYED ON JULY 1, 2007, FROM A CRIMINAL RECORDS CHECK UNLESS AND UNTIL THE EMT CHANGES HIS EMT EMPLOYMENT, AND TO PROVIDE AN EXCEPTION DURING A STATE OF EMERGENCY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 61, Title 44 of the 1976 Code is amended by adding:
Section 44-61-700. This article may be cited as the 'South Carolina Emergency Medical Services Employment Act'.
Section 44-61-710. As used in this article:
(1) 'Employer' means the EMS agency or other entity which puts an individual or employee in service as an emergency medical technician or assigns any person to work or to official duties as an emergency medical technician whether or not the emergency medical technician receives financial compensation.
(2) 'Employment date' means the date the EMS agency hires the emergency medical technician to perform emergency medical duties.
(3) 'EMS director' means the highest ranking official in charge of an EMS agency, whether or not called by some other title.
(4) 'EMS agency' means any organization providing health care transportation services.
(5) 'Emergency medical technician' 'EMT' means an individual possessing a valid basic, intermediate, or paramedic certificate issued by the State pursuant to this chapter.
(6) 'Emergency medical duties' means duties relating to emergency health care and related activities as assigned by the EMS director.
Section 44-61-720. (A) Prior to the employment of any EMT, paid or volunteer, the EMS director or other employer must ensure the EMT undergoes a state criminal records check and may require a federal criminal records check conducted by a law enforcement agency. The cost of the criminal records check must be paid by the EMT or the EMS agency.
(B) A criminal records check is not required for an EMT employed as of July 1, 2007, as long as the EMT remains employed with the same EMS agency. Upon separation from the EMS agency that he or she was employed by on July 1, 2007, an EMT must comply with the provisions of this article.
(C) After June 30, 2007, a person must not perform EMT duties in this State if the person has been convicted of, or is under felony indictment for:
(1) a felony involving criminal sexual conduct;
(2) a felony involving the physical or sexual abuse of children, the elderly, or the infirmed including, but not limited to, criminal sexual conduct with a minor, making or distributing child pornography or using a child in a sexual display, incest involving a child, or assault on a vulnerable adult; or
(3) a crime in which the victim is a patient or resident of a health care facility, including abuse, neglect, theft from, or financial exploitation of a person entrusted to the care or protection of the offender.
Section 44-61-730. (A) When an EMT applies for employment, the EMS agency shall conduct a state criminal records check and may conduct a federal criminal records check through the National Criminal Information Center regardless of residency.
(B) Criminal background checks required pursuant to this article must be conducted by the State Law Enforcement Division or by a private business, organization, or association that conducts background checks if that entity utilizes current criminal records obtained from the State Law Enforcement Division or the Federal Bureau of Investigation to determine any criminal record.
Section 44-61-740. Notwithstanding any other provision of law, this article does not apply to individuals engaged in EMT duties during a declared state of emergency."
SECTION 2. This act takes effect July 1, 2007.
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