ENROLLED HB 0195, Engrossed 1 2003 Legislature
1
2	A bill to be entitled
3	An act relating to emergency medical dispatch; creating s.
4	768.1335, F.S.; creating the Emergency Medical Dispatch
5	Act; providing definitions; providing a presumption of
6	nonnegligence for certain persons who use emergency
7	dispatch protocols; providing exceptions; amending s.
8	401.111, F.S.; providing for grants to local agencies to
9	support emergency medical dispatch; providing an effective
10	date.
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12	WHEREAS, emergency medical dispatch programs promote
13	appropriate standards that result in the more effective dispatch
14	of emergency medical services and the saving of lives, and
15	WHEREAS, the dispatcher is the first responder to a medical
16	emergency when someone dials 911 or calls a medical dispatch
17	agency directly, and dispatchers are being recognized nationally
18	as the true first responders to the emergency scene, and
19	WHEREAS, an emergency medical dispatcher has an immediate
20	response time during which to offer basic instructions to the
21	caller regardless of the emergency medical services response
22	time and is crucial for the delivery and receipt of information
23	to EMS units, and
24	WHEREAS, an emergency medical dispatch program is a key
25	component of a quality EMS system, and
26	WHEREAS, organizations such as the American Heart
27	Association (AHA), the American College of Emergency Physicians
28	(ACEP), the National Association of Emergency Medical Services
29	Physicians (NAEMSP), the National Institute of Health (NIH), the
30	National Highway Traffic Safety Administration (NHTSA), and the
31	American Society of Testing and Materials (ASTM) have endorsed
32	the development and adoption of standards for emergency medical
33	dispatch, and
34	WHEREAS, a properly trained emergency medical dispatcher
35	significantly improves the quality of care provided by an EMS
36	system because the dispatcher is able to identify the level of
37	need of the caller, including resource allocations and response
38	modes, thus enabling more effective and efficient dispatch of
39	limited response resources; identify situations that might
40	require prearrival instructions; gather information to be
41	relayed to the responding crews to help them better manage and
42	respond to the emergency medical situation upon arrival; and
43	obtain information regarding emergency medical scene safety for
44	the patient, bystanders, and responding personnel, and
45	WHEREAS, many states are now adopting a standard emergency
46	medical dispatch program, and
47	WHEREAS, the most successful EMS systems are those that
48	have strong field response times coupled with well-trained
49	emergency medical dispatchers, NOW, THEREFORE,
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51	Be It Enacted by the Legislature of the State of Florida:
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53	Section 1. Section 768.1335, Florida Statutes, is created
54	to read:
55	768.1335 Emergency Medical Dispatch Act; presumption.--
56	(1) This section may be known by the popular name the
57	“Emergency Medical Dispatch Act.”
58	(2) As used in this section:
59	(a) “Emergency medical dispatch” means the function of
60	utilizing emergency medical dispatch protocols.
61	(b) “Emergency medical dispatcher” means a person who is
62	trained or certified in the prompt and accurate processing of
63	calls for emergency medical assistance.
64	(c) “Emergency medical dispatch agency” means any private
65	or public entity that is responsible for the emergency medical
66	dispatch by emergency medical dispatchers.
67	(d) “Emergency medical dispatch protocol” means guidelines
68	for processing calls for emergency medical assistance or for the
69	dispatching of emergency medical services in a prehospital
70	setting which are substantially similar to standards set forth
71	by the American Society for Testing and Materials or the
72	National Highway Traffic Safety Administration and which have
73	been incorporated into an emergency medical dispatch training
74	program.
75	(3) Notwithstanding any other provision of law to the
76	contrary, and unless otherwise immune under s. 768.28, any
77	emergency medical dispatcher or the emergency medical dispatch
78	agency, its agents, or its employees who utilize emergency
79	medical dispatch protocols are presumed not to have acted
80	negligently regarding any injuries or damages resulting from the
81	use of emergency medical dispatch protocols, if the emergency
82	medical dispatcher or the emergency medical dispatch agency, its
83	agents, or its employees:
84	(a) Properly trained their emergency medical dispatchers
85	in an emergency medical dispatch that is substantially similar
86	to standards set forth by the American Society for Testing and
87	Materials or the National Highway Traffic Safety Administration.
88	(b) Implemented standard practices and management for
89	emergency medical dispatch or practices that are substantially
90	similar to standards set forth by the American Society for
91	Testing and Materials or the National Highway Traffic Safety
92	Administration.
93	(c) Utilized standard practices for training, instructor
94	qualification, and certification eligibility of emergency
95	medical dispatchers or practices that are substantially similar
96	to standards set forth by the American Society for Testing and
97	Materials or the National Highway Traffic Safety Administration.
98	Section 2. Section 401.111, Florida Statutes, is amended
99	to read:
100	401.111 Emergency medical services grant program;
101	authority.--The department is hereby authorized to make grants
102	to local agencies and emergency medical services organizations
103	in accordance with any agreement entered into pursuant to this
104	part. These grants shall be designed to assist said agencies and
105	organizations in providing emergency medical services, including
106	emergency medical dispatch. The cost of administering this
107	program shall be paid by the department from funds appropriated
108	to it.
109	Section 3. This act shall take effect September 11, 2003.