Senate Bill sb0338c1

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    Florida Senate - 2003                            CS for SB 338

    By the Committee on Judiciary; and Senators Fasano and
    Argenziano




    308-2009-03

  1                      A bill to be entitled

  2         An act relating to emergency medical dispatch;

  3         creating s. 768.1335, F.S.; providing a short

  4         title; providing definitions; providing a

  5         presumption of non-negligence in the use of

  6         emergency medical dispatch protocols by an

  7         emergency medical dispatcher or the emergency

  8         medical dispatch agency, its agents, or

  9         employees; amending s. 401.111, F.S.;

10         authorizing grants by the Department of Health

11         to emergency medical dispatch agencies;

12         providing an effective date.

13  

14         WHEREAS, emergency medical dispatch programs promote

15  appropriate standards that result in more effective dispatch

16  of emergency services and the saving of lives, and

17         WHEREAS, the dispatcher is the first responder to a

18  medical emergency when someone calls 911 or directly to a

19  medical dispatch agency, and dispatchers are being recognized

20  nationally as the true first responders to the emergency

21  scene, and

22         WHEREAS, patient access is frequently delayed due to a

23  myriad of reasons such as traffic, waiting on the elevator,

24  and equipment retrieval, and

25         WHEREAS, a certified emergency medical dispatch has an

26  immediate "response time" to offer basic instructions to the

27  caller regardless of the EMS response time and is a pivotal

28  component for the delivery and receipt of information to EMS

29  units, and

30         WHEREAS, emergency medical dispatch is a key component

31  of a quality EMS system, and

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    Florida Senate - 2003                            CS for SB 338
    308-2009-03




 1         WHEREAS, in many parts of the state, emergency medical

 2  dispatch is the weakest link in the EMS system, and

 3         WHEREAS, lifesaving prearrival instructions by

 4  dispatchers are not always available throughout the state, and

 5         WHEREAS, in many dispatch centers dispatchers are

 6  performing critical dispatch functions with little training in

 7  emergency medical dispatch, and

 8         WHEREAS, there is a lack of consistency in the delivery

 9  of dispatch life support and medically approved lifesaving

10  prearrival instructions by dispatch offices across the state,

11  and

12         WHEREAS, organizations such as the American Heart

13  Association, American College of Emergency Physicians,

14  National Association of Emergency Medical Services Physicians,

15  National Institute of Health, National Highway Traffic Safety

16  Administration, and American Society of Testing and Materials

17  have endorsed the development and adoption of standards for

18  emergency medical dispatch, and

19         WHEREAS, properly trained emergency medical dispatchers

20  significantly improve the quality of care provided by an

21  emergency medical services system because they are able to:

22  identify the level of need of the caller, including resource

23  allocations and response modes, thus enabling more effective

24  and efficient dispatch of limited response resources; identify

25  situations that might require prearrival instructions; gather

26  information to be relayed to the responding crews to help them

27  better manage and respond to the emergency situation upon

28  arrival; and obtain information regarding emergency scene

29  safety for the patient, bystanders, and responding personnel,

30  and

31  

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    Florida Senate - 2003                            CS for SB 338
    308-2009-03




 1         WHEREAS, as a result of inconsistencies in dispatch

 2  centers, many states are now adopting a standard emergency

 3  medical dispatch program, and

 4         WHEREAS, there is an expectation by the public that,

 5  when they call for emergency medical help, a properly trained

 6  dispatcher will handle their call regardless of where they are

 7  located in the state, and

 8         WHEREAS, the most successful EMS systems are those that

 9  have strong field response times coupled with well-trained 911

10  dispatchers, and

11         WHEREAS, emergency medical dispatch has become a clear

12  standard of care for emergency medical services dispatch, NOW,

13  THEREFORE,

14  

15  Be It Enacted by the Legislature of the State of Florida:

16  

17         Section 1.  Section 768.1335, Florida Statutes, is

18  created to read:

19         768.1335  Emergency Medical Dispatch Act;

20  presumption.--

21         (1)  This section may be known by the popular name the

22  "Emergency Medical Dispatch Act."

23         (2)  As used in this section:

24         (a)  "Emergency medical dispatch" means the function of

25  utilizing emergency medical dispatch protocols.

26         (b)  "Emergency medical dispatcher" means a person who

27  is trained or certified in the prompt and accurate processing

28  of calls for emergency medical assistance.

29         (c)  "Emergency medical dispatch agency" means any

30  private or public entity that is responsible for the emergency

31  medical dispatch by emergency medical dispatchers.

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    Florida Senate - 2003                            CS for SB 338
    308-2009-03




 1         (d)  "Emergency medical dispatch protocol" means

 2  guidelines for processing calls for emergency medical

 3  assistance or for the dispatching of emergency medical

 4  services in a prehospital setting, which are substantially

 5  similar to standards set forth by the American Society for

 6  Testing and Materials or the National Highway Traffic Safety

 7  Administration and which have been incorporated into an

 8  emergency medical dispatch training program.

 9         (3)  Notwithstanding any other provision of law to the

10  contrary, and unless otherwise immune under s. 768.28, any

11  emergency medical dispatcher; or the emergency medical

12  dispatch agency, its agents, or employees who utilize

13  emergency medical dispatch protocols are presumed not to have

14  acted negligently regarding any injuries or damages resulting

15  from the use of emergency medical dispatch protocols, if the

16  emergency medical dispatcher; or the emergency dispatch

17  agency, its agents, or employees:

18         (a)  Properly trained their emergency medical

19  dispatchers in an emergency medical dispatch that is

20  substantially similar to standards set forth by the American

21  Society for Testing and Materials or the National Highway

22  Traffic Safety Administration;

23         (b)  Implemented standard practices and management for

24  emergency medical dispatch or practices that are substantially

25  similar to standards set forth by the American Society for

26  Testing and Materials or the National Highway Traffic Safety

27  Administration; and

28         (c)  Utilized standard practices for training,

29  instructor qualification, and certification eligibility of

30  emergency medical dispatchers or standards that are

31  substantially similar to the American Society for Testing and

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    Florida Senate - 2003                            CS for SB 338
    308-2009-03




 1  Materials or the National Highway Traffic Safety

 2  Administration.

 3         Section 2.  Section 401.111, Florida Statutes, is

 4  amended to read:

 5         401.111  Emergency medical services grant program;

 6  authority.--The department is hereby authorized to make grants

 7  to local agencies and emergency medical services organizations

 8  in accordance with any agreement entered into pursuant to this

 9  part.  These grants shall be designed to assist said agencies

10  and organizations in providing emergency medical services,

11  including emergency medical dispatch.  The cost of

12  administering this program shall be paid by the department

13  from funds appropriated to it.

14         Section 3.  This act shall take effect September 11,

15  2003.

16  

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                         Senate Bill 338

19                                 

20  
    --Replaces the immunity provisions with statutory presumption
21  of nonnegligence.

22  --Revises the definitions for "emergency medical dispatcher,"
    and "emergency medical dispatch protocol,"and "emergency
23  medical dispatch".

24  --Deletes definition for harm.

25  

26  

27  

28  

29  

30  

31  

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