An Act To Improve the Efficiency of the Maine Emergency Medical Services System
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA §81-A, 2nd ¶, as amended by PL 1993, c. 311, §2, is further amended to read:
It is the intent of the Legislature to designate that a central agency be responsible for the coordination and integration of all state activities concerning emergency medical services and the overall planning, evaluation, coordination, facilitation and regulation of emergency medical services systems. Further, the Legislature finds that the provision of prompt, efficient and effective emergency medical dispatch and emergency medical care, a well-coordinated trauma care system, effective communication between prehospital care providers and hospitals and the safe handling and transportation of the sick and injured are key elements of an emergency medical services system. This chapter is intended to promote the public health, safety and welfare by providing for the creation of a statewide emergency medical services system with standards for all providers of emergency medical services.
Sec. 2. 32 MRSA §82, sub-§1, as amended by PL 2005, c. 683, Pt. C, §9, is further amended to read:
Sec. 3. 32 MRSA §82, sub-§3, as enacted by PL 2005, c. 683, Pt. C, §10, is amended to read:
Sec. 4. 32 MRSA §83, sub-§6, as enacted by PL 1981, c. 661, §2, is amended to read:
Sec. 5. 32 MRSA §83, sub-§17-A is enacted to read:
Sec. 6. 32 MRSA §83, sub-§19, as amended by PL 1999, c. 182, §7, is further amended to read:
Sec. 7. 32 MRSA §83, sub-§20, as amended by PL 1985, c. 730, §§8 and 16, is further amended to read:
Sec. 8. 32 MRSA §84, sub-§1, ¶C, as amended by PL 1991, c. 588, §8, is further amended to read:
C. The board shall appoint a licensed physician as statewide emergency medical services medical director. The physician shall advise Maine Emergency Medical Services and shall carry out the duties assigned to the medical director pursuant to this chapter, or as specified by contract. A person appointed and serving as the statewide emergency medical services medical director is immune from any civil liability, as are employees of governmental entities under the Maine Tort Claims Act, for acts performed within the scope of the medical director's duties.
Sec. 9. 32 MRSA §84, sub-§1, ¶D, as amended by PL 1991, c. 588, §9, is further amended to read:
D.
Rules adopted pursuant to this chapter must include, but are not limited to, the following:
(1) The composition of regional councils and the process by which they come to be recognized as representing their regions;
(2) The manner in which regional councils must report their activities and finances , and the manner in which those activities must be carried out under this chapter;
(3) The designation of regions within the State;
(4) The requirements for licensure for all vehicles, persons and services subject to this chapter, including training and testing of personnel; and
(5) Fees to be charged for licenses under this section.
Sec. 10. 32 MRSA §84, sub-§2, as amended by PL 1991, c. 588, §11, is further amended to read:
Sec. 11. 32 MRSA §85, sub-§1, as amended by PL 1985, c. 730, §§11 and 16, is further amended to read:
Sec. 12. 32 MRSA §85, sub-§3, ¶B, as amended by PL 1995, c. 161, §6, is repealed.
Sec. 13. 32 MRSA §85, sub-§3, ¶C, as enacted by PL 1981, c. 661, §2, is amended to read:
C. The person must have successfully completed a state written and practical test for basic emergency medical treatment and a board-approved practical evaluation of emergency medical treatment skills.
Sec. 14. 32 MRSA §85, sub-§4, ¶B, as enacted by PL 1991, c. 742, §3, is amended to read:
B. The person must have satisfactorily demonstrated competence in the skills required for the license level. Skill competence may be satisfied by a combination of run report reviews and continuing education training programs conducted in accordance with the rules or by satisfactorily completing the state written and practical tests test and a board-approved practical evaluation of emergency medical treatment skills.
Sec. 15. 32 MRSA §86, sub-§2-A, as amended by PL 1999, c. 182, §11, is further amended to read:
Sec. 16. 32 MRSA §87-A, sub-§1, as enacted by PL 1993, c. 311, §4, is amended to read:
Sec. 17. 32 MRSA §87-A, sub-§2, ¶H, as enacted by PL 1993, c. 311, §4, is repealed and the following enacted in its place:
H. A representative of the regional councils;
Sec. 18. 32 MRSA §88, sub-§1, ¶A, as amended by PL 2001, c. 713, §1, is further amended to read:
A. The board has one member representing each regional council, region and 11 persons in addition. Of the additional persons, one is an emergency physician, one an attorney, two a representative of emergency medical dispatch providers, 2 representatives of the public, one a representative of for-profit ambulance services, one an emergency professional nurse, one a representative of nontransporting emergency medical services, one a representative of hospitals, one a representative of a statewide association of fire chiefs, one a fire municipal emergency medical services provider and one a representative of not-for-profit ambulance services. The members that represent for-profit ambulance services, nontransporting emergency medical services and not-for-profit ambulance services must be licensed emergency medical services persons. One of the nonpublic members must be a volunteer emergency medical services provider. Appointments are for 3-year terms. Members are appointed by the Governor. The state medical director is an ex officio nonvoting member of the board.
Sec. 19. 32 MRSA §88, sub-§1, ¶D, as amended by PL 1991, c. 588, §16, is further amended to read:
D. A majority of the members appointed and currently serving constitutes a quorum for all purposes and no decision of the board may be made without a quorum present. A majority vote of those present and voting is required for board action, except that for purposes of either granting a waiver of any of its rules or deciding to pursue the suspension or revocation of a license, the board may take action only if the proposed waiver, suspension or revocation receives a favorable vote from at least 2/3 of the members present and voting and from no less than a majority of the appointed and currently serving members. When the board is required to take emergency action and convening a meeting of the board in a timely manner is not possible, the board may take any action authorized by telephonic conference or by any other means authorized by rule. The board may use video conferencing and other technologies to conduct its business but is not exempt from Title 1, chapter 13, subchapter 1. Members of the board, its subcommittees or its staff may participate in a meeting of the board, subcommittees or staff via video conferencing, conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation in a meeting pursuant to this subsection constitutes presence in person at such meeting.
Sec. 20. 32 MRSA §88, sub-§2, ¶E, as amended by PL 1989, c. 857, §70, is further amended to read:
E. The board shall keep records and minutes of its activities and meetings. These records and minutes must be made easily accessible to the public and be provided expeditiously upon request. The board shall distribute to all licensed emergency medical services persons a publication listing training and testing opportunities, meeting schedules of the board and regional councils, proposed rule changes and other information judged by the board to have merit in improving emergency medical patient care in the State. The board shall create, print and distribute this publication in the most cost-efficient manner possible. Any paid advertising utilized to accomplish this purpose may not be solicited by board members or staff and must be included in such a way that endorsement of a product or service by the board can not reasonably be inferred. The board may prepare, publish and disseminate educational and other materials to improve emergency medical patient care.
Sec. 21. 32 MRSA §89, as amended by PL 1999, c. 182, §15, is further amended to read:
Sec. 22. 32 MRSA §90-A, sub-§5, ¶B, as amended by PL 1993, c. 600, Pt. A, §36, is repealed.
Sec. 23. 32 MRSA §90-A, sub-§5, ¶B-1 is enacted to read:
B-1. The use of any drug, narcotic or substance that is illegal under state or federal law, or to the extent that the licensee's ability to provide emergency medical services or emergency medical dispatch services would be impaired;
Sec. 24. 32 MRSA §90-A, sub-§5, ¶B-2 is enacted to read:
B-2. A declaration of or claim pertaining to the licensee of legal incompetence that has not been legally terminated;
Sec. 25. 32 MRSA §90-A, sub-§5, ¶B-3 is enacted to read:
B-3. Any condition or impairment within the preceding 3 years, including, but not limited to, substance abuse, alcohol abuse or a mental, emotional or nervous disorder or condition, that in any way affects, or if untreated could impair, the licensee's ability to provide emergency medical services or emergency medical dispatch services;
Sec. 26. 32 MRSA §90-A, sub-§5, ¶C, as amended by PL 1991, c. 588, §19, is repealed.
Sec. 27. 32 MRSA §90-A, sub-§5, ¶G, as amended by PL 2003, c. 559, §2, is further amended to read:
G. Subject to the limitations of Title 5, chapter 341, conviction of a crime that involves dishonesty or false statement, conviction of a crime that relates directly to the practice for which the licensee is licensed, conviction of a crime for which incarceration for one year or more may be imposed or conviction of a crime defined in Title 17-A, chapter 11 , 12 or 45;
Sec. 28. 32 MRSA §92-B is enacted to read:
Notwithstanding any other provision of law, information that relates to a person licensed or certified by the board who is alleged to have engaged in any unlawful activity or professional misconduct or in conduct in violation of laws or rules relating to the board must be disclosed to the board and may be used by the board only in accordance with this chapter.
Sec. 29. 32 MRSA §95 is enacted to read:
Notwithstanding section 92, Maine Emergency Medical Services is authorized to participate in and share information with the National Emergency Medical Services Information System.
Effective September 20, 2007