SB736: Bill Text

SB736,37,16 2. By majority vote, the commission may initiate legal action in the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.

SB736,37,18 3. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.

SB736,38,2 (14) Date of implementation of the Interstate Commission for Emergency Medical Services Personnel Practice and associated rules, withdrawal, and amendment. (a) The compact shall come into effect on the date on which the compact statute is enacted into law in the 10th member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rule-making powers necessary to the implementation and administration of the compact.

SB736,38,7 (b) Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.

SB736,38,9 (c) 1. Any member state may withdraw from this compact by enacting a statute repealing the same.

SB736,38,11 2. A member state's withdrawal shall not take effect until 6 months after enactment of the repealing statute.

SB736,38,14 3. Withdrawal shall not affect the continuing requirement of the state EMS authority of the withdrawing state to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

SB736,38,18 (d) Nothing contained in this compact shall be construed to invalidate or prevent any emergency medical services personnel licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.

SB736,38,21 (e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

SB736,39,2 (15) Construction. This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any state member thereto, the compact shall remain in full force and effect as to the remaining member states. Nothing in this compact supersedes state law or rules related to licensure of emergency medical services agencies.

SB736,39,4 256.61 Implementation of the emergency medical services personnel licensure interstate compact. (1) In this section:

SB736,39,6 (a) “Compact” means the emergency medical services personnel licensure interstate compact under s. 256.60.

SB736,39,7 (b) “Department” means the department of health services.

SB736,39,9 (c) “Privilege to practice” means a privilege to practice, as defined in s. 256.60 (2) (L), that is granted under the compact to an individual to practice in this state.

SB736,39,11 (2) The department may not impose a fee for an individual to receive a privilege to practice.

SB736,39,13 (3) The department, in consultation with the emergency medical services board, may promulgate rules necessary to implement the compact under s. 256.60.

SB736,34 Section 34. 257.01 (2) (am) of the statutes is created to read:

SB736,39,16 257.01 (2) (am) An individual who has a privilege to practice, as defined in s. 256.60 (2) (L).

SB736,35 Section 35 . 340.01 (3) (dm) 2. of the statutes is amended to read:

SB736,39,21 340.01 (3) (dm) 2. Used by an emergency medical services practitioner licensed under s. 256.15, an individual with a privilege to practice, as defined in s. 256.60 (2) (L), or an ambulance driver or emergency medical responder authorized by the chief of an ambulance service or rescue squad.

SB736,36 Section 36 . 340.01 (74p) (f) of the statutes is amended to read:

SB736,40,2 340.01 (74p) (f) A law enforcement officer, traffic officer, fire fighter, or emergency medical services practitioner, as defined in s. 256.01 (5), or individual with a privilege to practice, as defined in s. 256.60 (2) (L), while performing his or her official duties.

SB736,37 Section 37 . 343.23 (2) (a) 1. of the statutes is amended to read:

SB736,40,7 343.23 (2) (a) 1. The person's employment as a law enforcement officer as defined in s. 165.85 (2) (c), fire fighter as defined in s. 102.475 (8) (b), or emergency medical services practitioner as defined in s. 256.01 (5), or individual with a privilege to practice, as defined in s. 256.60 (2) (L).

SB736,38 Section 38 . 440.9805 (1) of the statutes is amended to read:

SB736,40,13 440.9805 (1) “Health care provider" means a health care provider, as defined in s. 146.81 (1) (a) to (p), a person licensed or issued a training permit as an emergency medical services practitioner under s. 256.15, or a person certified as an emergency medical responder under s. 256.15 (8) (a), or an individual with a privilege to practice, as defined in s. 256.60 (2) (L).

SB736,39 Section 39. 891.453 (1) (b) of the statutes is amended to read:

SB736,40,18 891.453 (1) (b) “Emergency medical service provider" means a person employed by the state or by a county or municipality and who is an emergency medical services practitioner under s. 256.01 (5) or, an emergency medical responder under s. 256.01 (4p), or an individual with a privilege to practice, as defined in s. 256.60 (2) (L).

SB736,40 Section 40 . 891.453 (1) (b) of the statutes is amended to read:

SB736,40,23 891.453 (1) (b) “Emergency medical service provider" means a person employed by the state or by a county or municipality and who is an emergency medical services practitioner under s. 256.01 (5) or, an emergency medical responder under s. 256.01 (4p), or an individual with a privilege to practice, as defined in s. 256.60 (2) (L).

SB736,41 Section 41. 895.35 (2) (a) 2. of the statutes is amended to read:

SB736,41,4 895.35 (2) (a) 2. “Protective services officer" means an emergency medical services practitioner, as defined in s. 256.01 (5), an emergency medical responder, as defined in s. 256.01 (4p), an individual with a privilege to practice, as defined in s. 256.60 (2) (L), a fire fighter, or a law enforcement or correctional officer.

SB736,42 Section 42. 895.48 (1m) (a) (intro.) of the statutes is amended to read:

SB736,41,17 895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician, physician assistant, podiatrist, or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical services practitioner licensed under s. 256.15, emergency medical responder certified under s. 256.15 (8), individual with a privilege to practice, as defined in s. 256.60 (2) (L), registered nurse licensed under ch. 441, or a massage therapist or bodywork therapist licensed under ch. 460 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

SB736,43 Section 43. 895.48 (1m) (a) 2. of the statutes is amended to read:

SB736,41,24 895.48 (1m) (a) 2. The physician, podiatrist, athletic trainer, chiropractor, dentist, emergency medical services practitioner, as defined in s. 256.01 (5), emergency medical responder, as defined in s. 256.01 (4p), individual with a privilege to practice, as defined in s. 256.60 (2) (L), physician assistant, registered nurse, massage therapist or bodywork therapist does not receive compensation for the health care, other than reimbursement for expenses.

SB736,44 Section 44. 895.48 (4) (am) (intro.) of the statutes is amended to read:

SB736,42,6 895.48 (4) (am) (intro.) Any of the following, other than an emergency medical services practitioner, individual with a privilege to practice, as defined in s. 256.60 (2) (L), or an emergency medical responder — defibrillation, is immune from civil liability for the acts or omissions of a person in rendering in good faith emergency care by use of an automated external defibrillator to an individual who appears to be in cardiac arrest:

SB736,45 Section 45. 895.484 (2) (d) of the statutes is amended to read:

SB736,42,11 895.484 (2) (d) The actor remained with the person or domestic animal until a law enforcement officer, emergency medical service provider, individual with a privilege to practice, as defined in s. 256.60 (2) (L), animal control officer, or other emergency medical responder, as defined in s. 256.01 (4p), arrived at the scene.

SB736,46 Section 46. 940.20 (7) (b) of the statutes is amended to read:

SB736,42,22 940.20 (7) (b) Whoever intentionally causes bodily harm to a health care provider who works in a hospital, an emergency department worker, an emergency medical services practitioner, an emergency medical responder, an individual with a privilege to practice, as defined in s. 256.60 (2) (L), or an ambulance driver who is acting in an official capacity and who the person knows or has reason to know is a health care provider who works in a hospital, an emergency department worker, an emergency medical services practitioner, an emergency medical responder, an individual with a privilege to practice, as defined in s. 256.60 (2) (L), or an ambulance driver, by an act done without the consent of the person so injured, is guilty of a Class H felony.

SB736,47 Section 47. 941.20 (1m) (b) of the statutes is amended to read:

SB736,43,7 941.20 (1m) (b) Whoever intentionally points a firearm at or towards a law enforcement officer, a fire fighter, an emergency medical services practitioner, an emergency medical responder, an individual with a privilege to practice, as defined in s. 256.60 (2) (L), an ambulance driver, or a commission warden who is acting in an official capacity and who the person knows or has reason to know is a law enforcement officer, a fire fighter, an emergency medical services practitioner, an emergency medical responder, an individual with a privilege to practice, as defined in s. 256.60 (2) (L), an ambulance driver, or a commission warden is guilty of a Class H felony.

SB736,48 Section 48. 941.37 (1) (c) of the statutes is amended to read:

SB736,43,13 941.37 (1) (c) “Emergency medical personnel" means an emergency medical services practitioner licensed under s. 256.15, emergency medical responder certified under s. 256.15 (8), an individual with a privilege to practice, as defined in s. 256.60 (2) (L), peace officer or fire fighter, or other person operating or staffing an ambulance or an authorized emergency vehicle.

SB736,49 Section 49. 941.375 (1) (b) of the statutes is amended to read:

SB736,43,18 941.375 (1) (b) “Public safety worker" means an emergency medical services practitioner licensed under s. 256.15, an emergency medical responder certified under s. 256.15 (8), an individual with a privilege to practice, as defined in s. 256.60 (2) (L), a peace officer, a fire fighter, or a person operating or staffing an ambulance.

SB736,50 Section 50 . 961.443 (1) (b) of the statutes is amended to read:

SB736,43,25 961.443 (1) (b) Summons and makes contact with a law enforcement officer, ambulance, emergency medical services practitioner, as defined in s. 256.01 (5), individual with a privilege to practice, as defined in s. 256.60 (2) (L), or other health care provider, in order to assist another person if the other person is, or if a reasonable person would believe him or her to be, suffering from an overdose of, or other adverse reaction to, any controlled substance or controlled substance analog.

SB736,51 Section 51. Effective dates. This act takes effect on the first day of the 7th month beginning after publication, except as follows:

SB736,44,3 (1) The treatment of s. 256.61 (3) takes effect on the day after publication.

SB736,44,4 (End)