HomeMy WebLinkAbout1993-04-27 - AGENDA REPORTS - STATE LEGISLATION AB 1484 (2)AGENDA REPORT
City Manager Approval
Item to be presented
CONSENT CALENDAR Ken Pulskamp
DATE: April 27, 1993
SUBJECT: State Legislation: AB 1484
DEPARTMENT:
BACKGROUND
Management Services
Existing law charges the Emergency Medical Services Authority (EMSA) with the
responsibility for coordinating all state activities concerning emergency
medical services (EMS). Each county develops an EMS program within that
county. Furthermore, local EMS. agencies may create one or more exclusive
operating areas as long .as a competitive, process is used to select the providers
for the service areas. If a city or fire district provided prehospital EMS as
of June 1, 1980, a county must contract- with that local agency for EMS, if
desired by the city or fire district.
Assembly Bill 1484 (Speier-D-South San Francisco) affirms local EMS agencies,,
counties or their designated agency, as the appropriate level of government to
authorize, direct,. plan and implement EMS programs. The bill would authorize
EMS agencies to approve or disapprove contracts between two or more local
agencies for the performance of -local ambulance services.
Furthermore, an ambulance service contract entered into by the legislative body
of a city for residents of the city would be subject to approval by the EMS
agency.
AB 1484 seeks to establish by statute the authority of county administered EMS
agencies over all local emergency service providers in the county to ensure
uniform emergency medical services county -wide. The 'bill also responds to a
January, 1993, Riverside Superior Court decision, County of San Bernardino v.
City of San Bernardino, in which the court held that cities do have the
authority to control the EMS system within the borders of the municipality.
AB 1484is sponsored by the California State Association. of Counties. The
League of California Cities and Independent Cities Association have both
expressed opposition to the measure.
s
The bill was originally heard in the Assembly Committee on Health on April 13,
1993, at which time it failed passage. Reconsideration of the measure was
granted for April 27, 1993, as several committee members were.absent'the day of
hearing. Assembly Member Pete Knight voted in oppositiontothe bill and' City
staff has communicated concerns about the bill to him in. advance of the
reconsideration vote.
o 0 0 (tem: /SA
APPROVED
The City of Santa Clarita has been engaged in dialogue 'with the County of Los
Angeles for several years regarding provision of emergency. medical services
within the City of Santa Clarita. Enactment of ,this bill would negate any
opportunity for the City to ensure that quality and timely emergency medical
services are provided to area residents.
RECOMMENDATION
Oppose Assembly Bill 1484 and transmit letters of opposition to Santa Clarita's
legislative delegation, the League of California Cities, _Independent Cities
Association and California Contract Cities Association.
ATTACHMENTS
Assembly Bill 1484
Independent Cities Association Correspondence
MPM:550
CA AB 1484 04/21/93 Page 1
Introduced
ASSEMBLY BILL No. 1484
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ESC S06S S R
Introduced by Assembly.Member Speier
March 4, 1993
5554444445 E 4654444556 S0 S EEEESSE E6 E SE
An act to amend Section 1797.178 of the Health and Safety Code,
relating to emergency medical services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1484, as introduced, Speier. Emergency medical services.
Existing law, the Emergency Medical Services System and Prehospital
Emergency Medical Care Personnel Act (hereafter, the EMS Act), provides
for state and local administration of emergency medical services system
to coordinate and integrate effective and efficient emergency medical
services throughout the state.
Existing law requires that the local county EMS.agency plan,
implement, and evaluate an emergency medical services system, in
accordance with the EMS Act,.consisting of an organized pattern of
readiness and response services, including, but not limited to,
ambulance services, based on public and private agreementsand
operational procedures.
Existing law authorizes. cities or counties to contract for ambulance
services, authorizesfireprotection districts to provide emergency
medical services and ambulance services, and provides for the
establishment of a county service areas for the provision of ambulance
services. Existing law also permits local regulation of ambulance
services.
This bill would require ambulance services and emergency medical
services pursuant to existing law governing fire protection districts or
ambulance services by or pursuant to the above-described contracts,
service areas districts, and regulations to be subject to the approval
of the local 1215 agency and would.make other changes of a technical
nature. By requiring that the local EMS agency approve these contracts,
service areas, and regulations and provision of emergency medical
services and ambulance services by fire protection districts, this bill
would impose a state -mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement,
including the creation of a State Mandates Claims Fund to pay the costs
of mandates which do not exceed 51,000,000 statewide and other
procedures for claims whose statewide costs exceed $1,000,000.
CA AB 1484 04/21/93 Page 2
This bill would provide that, if the Commission on State Mandates
determines that this bill contains costs mandated by the -state,
reimbursement for those costs shall be made pursuant to those statutory
procedures and, if the statewide cost does not exceed $1,000,000, shall
be made from the State Mandates Claims Fund.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
(a) In order to accomplish statewide integration and coordination of
emergency medical services (EMS), the Emergency Medical Services
Authority adopts rules, regulations, and guidelines for the safe,
efficient, and effective implementation of EMS delivery services, and
local EMS agencies are charged with carrying out those rules,
regulations, and guidelines through the adoption of ordinances,
policies, procedures, and protocols. Direct service providers operating
within counties, including those providers within cities and districts,
are responsible to adhere to these provisions.
. (b) Representatives of some municipal governments and local fire
districts, citing provisions of their charters or provisions of general
law, or both, have disputed the application of the rules, regulations,
and guidelines of the Emergency Medical Services Authority and of the
local EMS agency to prehospital emergency medical services operations
within the jurisdiction of the municipality or local fire district. Some
of these disputes have resulted in litigation.
(c) City and local fire district employees and contract personnel
provide a significant portion of prehospital emergency medical services
rendered within the state. This act is intended to assure that
prehospital emergency medical services so provided are consistent with
the rules, regulations, and guidelines of the authority and with the
ordinances, policies, procedures, and protocols of the local EMS agency.
(d) An organized and coordinated system of prehospital emergency
medical services delivery in city, including charter city, county, and
local fire district areas is a matter of statewide concern. This act is
intended to help effectuate that objective.
SEC. 2. Section 1797.178 of the Health and Safety Code is amended
to read:
1797.178. [A> (a) <A] No person or organization shall provide
advanced life support or limited advanced life support unless that
person or organization is an authorized part of the emergency medical
services system of the local EMS agency [D> or of a pilot program
operated pursuant to the Wedworth-Townsend Paramedic Act, Article 3
(commencing with Section 1480) of Chapter 2.5 of Division 2 <D] .
[A> (b) Notwithstanding any other provision of this part, including,
but not limited to, Section 1797.201, local EMS agencies are the
appropriate level of government to authorize, direct, plan, and
CA AB 1484
04/21/93
implement emergency medical service programs encompassing all the
components of emergency medical services system. <A]
Page 3
[A> (c) Notwithstanding any other provision of law, in order to assure
coordination of local emergency medical services, the following
arrangements for these services shall, on of after January 1, 1994, be
subject to approval of the local EMS agency: <A]
[A> (1) A contract between two or more local agencies for the
performance of municipal ambulance services pursuant to Section 54981 of
the Government Code. <A]
[A> (2)- A contract entered into by a legislative body of a city for
ambulance service to serve the residents of the city pursuant to Section
38794 of the Government Code. <A]
[A> (3) Establishment of a county service area for the provision of
ambulance service within the jurisdiction of the service area pursuant
to Sections 25210.4 and 25210.4a of the Government Code. <A]
[A> (4) Adoption of local regulations relating to ambulance service
pursuant to subdivision (c) of Section 2512 of the Vehicle Code. <A]
[A> (5) Provision of emergency medical services and ambulance services
by a fire protection district pursuant to subdivision (e) of Section
13862. <A]
SEC. 3. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains costs
mandated by the state, reimbursement to local agencies and school
districts for those costs shall be made pursuant to Part 7 (commencing
with Section 17500) of Division 4 of Title 2 of the Government Code. If
the statewide cost of the claim for reimbursement does not exceed one
million dollars ($1,000,000), reimbursement shall be made from the State
Mandates Claims Fund. Notwithstanding Section 17580 of the Government
Code, unless otherwise specified in this act, the provisions of this act
shall become operative on the same date that the act takes effect
pursuant to the California Constitution.
END OF REPORT