Bill Text - HB1594 (2016)

Relative to emergency medical services.


Revision: March 8, 2016, midnight

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HB 1594-FN - AS AMENDED BY THE HOUSE

10Feb2016... 0192h

2016 SESSION

\t16-2431

\t01/03

 

HOUSE BILL\t1594-FN

 

AN ACT\trelative to emergency medical services.

 

SPONSORS:\tRep. White, Graf. 13; Rep. Danielson, Hills. 7; Rep. Goley, Hills. 8; Rep. Proulx, Hills. 44; Sen. Carson, Dist 14; Sen. Pierce, Dist 5

 

COMMITTEE:\tExecutive Departments and Administration

 

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ANALYSIS

 

\tThis bill makes various changes in the laws regarding emergency medical services, including requiring criminal history record checks for provider licensure and relicensure and establishing a penalty for false reports concerning investigations.

 

\tThis bill is a request of the department of safety.

 

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Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trelative to emergency medical services.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

\t1  Emergency Medical Services; Definitions.  Amend RSA 153-A:2, XVI to read as follows:

\t\tXVI.  "Patient'' means an individual who, as a result of illness or injury, needs [immediate] medical attention, whose physical or mental condition is such that the individual is in [imminent] danger of loss of life or significant health impairment, or who may otherwise be incapacitated as a result of a physical or mental condition.

\t2  Emergency Medical Services; Authority for Licensed Advanced Emergency Medical Care.  Amend RSA 153-A:12 to read as follows:

\t153-A:12  Authority for Licensed Advanced Emergency Medical Care Providers.  An advanced emergency medical care provider licensed under this chapter may render advanced emergency medical care, rescue, and lifesaving services in those areas of training for which such person is licensed, as defined and approved in accordance with the rules adopted under this chapter, at the scene of an emergency, during transportation to a hospital or while in the hospital emergency department, until care is directly assumed by a physician or authorized hospital personnel, and within the hospital or licensed health care facility  in accordance with hospital or facility policies.

\t3  Emergency Medical Services; Revocation of License.  Amend RSA 153-A:13, I(d) to read as follows:

\t\t\t(d)  Knowingly making misleading, deceptive, untrue, or fraudulent representations [in the practice of his or her profession,] or engaging 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 or safety of a client/patient or practice harmful or detrimental to the public.  Proof of actual injury need not be established.

\t4  New Section; Emergency Medical Services; Criminal History Record Checks for Provider Licensure or Relicensure.  Amend RSA 153-A by inserting after section 10 the following new section:

\t153-A:10-a  Criminal History Record Checks For Provider Licensure and Relicensure.

\t\tI.  Every applicant for initial licensure, reinstatement after license action from the division, or license renewal after lapsing, shall submit to the division a notarized criminal history record release form, as provided by the New Hampshire division of state police, department of safety, which authorizes the release of his or her criminal history record, if any, to the division.

\t\tII.  The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety.  If the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the division may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.

\t\tIII.  The division shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation.  Upon completion of the records check, the division of state police shall release copies of the criminal history records to the division.  The division shall maintain the confidentiality of all criminal history records information received pursuant to this section.  The applicant shall bear the cost of a criminal history record check.

\t5  New Section; Emergency Medical Services; False Reports Concerning Investigations.  Amend RSA 153-A by inserting after section 13 the following new section:

\t153-A:13-a  False Reports Concerning Investigations.  A person is guilty of a misdemeanor if he or she:

\t\tI.  Knowingly gives or causes to be given false information during an investigation to the director or agent with the purpose of inducing such director or agent to believe that another has committed an offense; or

\t\tII.  Knowingly gives or causes to be given information to the director or  agent concerning a danger or the commission of an offense, knowing that the offense or danger did not occur or exist or knowing that he or she has no information relating to the offense or danger.

\t6  New Subparagraph; Private Postsecondary Career Schools; Definitions.  Amend RSA 188-G:1, II by inserting after subparagraph (k) the following new subparagraph:

\t\t\t(1) Government entities offering training in public safety related occupations including but not limited to the division of fire standards and training and emergency medical services, the division of fire safety, and the police standards and training council.

\t7  Emergency Medical Services; Definitions.  Amend RSA 153-A:2, XI to read as follows:

\t\tXI.  "Facility'' means a hospital as defined in RSA 151:2, I(a) and (d).

\t8  Effective Date.  This act shall take effect January 1, 2017.

 

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HB 1594-FN- FISCAL NOTE

 

AN ACT\trelative to emergency medical services.

 

 

FISCAL IMPACT:

The Department of Safety states this bill, as introduced, will increase state restricted revenues by $7,950 in FY 2017 and by $15,900 in FY 2018 and each year thereafter, increase state restricted expenditures by an indeterminable amount in FY 2018 and each year thereafter, and will increase local revenues and expenditures by an indeterminable amount in FY 2017 and each year thereafter.  The Office of Legislative Budget Assistant states this bill may increase state and county expenditures by an indeterminable amount in FY 2017 and each year thereafter.  There will be no impact on county revenues.

 

METHODOLOGY:

The Department of Safety states this bill makes various changes to laws regarding emergency medical services, including requiring criminal history record checks for provider licensure.  The Department states this bill will require fingerprint criminal history record checks, at a cost to the applicant, for certain personnel licensed to provide emergency medical services.  The Department states applicants will either file a criminal history records form, fingerprint card, and fee with the Department or complete a criminal history records release and visit an authorized Livescan location in the state and authorize the results be sent to the Department.  The Department estimates this will affect approximately 400 providers annually and assuming this bill’s effective date of January 1, 2017, will increase state revenues by $7,950 ($39.75 criminal history records check fee X 200 providers, for half of the year) in FY 2017 and by $15,900 ($39.75 X 400) in FY 2018 and each year thereafter.  The Department states any related expenditures it may occur would be less than $10,000 annually.  Furthermore, the Department states this bill may increase local revenues and expenditures for applications submitted and processed through local law enforcement agencies.

 

The Legislative Budget Assistant Office states this bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems.  An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor.  There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the Judicial Branch, Judicial Council and New Hampshire Association of Counties have provided the LBA with potential costs associated with the penalties contained in this bill.  See table below for average cost information:

 

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FY 2017

FY 2018

Judicial Branch

 

 

Class B Misdemeanor

$50

$53

Class A Misdemeanor

$71

$74

Appeals

Varies

Varies

It should be noted average case cost estimates for FY 2017 and FY 2018 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.

Judicial Council

 

 

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

Contract Attorney – Misdemeanor

$275/Case

$275/Case

Assigned Counsel – Misdemeanor

$60/Hour up to $1,400

$60/Hour up to $1,400

It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%).

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Daily Cost of Incarcerating an Individual

$85 - $110

$85 - $110

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Many offenses are prosecuted by local and county prosecutors.  In those instances where the Department of Justice has prosecutorial responsibility or is involved with appeals for a conviction related to the offense contained in this bill, the Department would absorb the cost within its existing budget.  If the bill results in the Department needing to prosecute significantly more cases or be involved in significantly more appeals, then there may be an indeterminable increase in costs to the Department.  

 

 

 

None