Health and Safety Code — Part 46 | HSC — United States — California law | Esheria

Health and Safety Code

Part 46 of 87 · provisions 9,001–9,200

This section says the act is to be known as the Health and Safety Code.

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About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 1797.116.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The authority must establish additional training standards, and EMT I, EMT II, and EMT-P personnel may receive the training described here.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.116. (a) The authority shall establish additional training standards that include the criteria for the curriculum content recommended by the Curriculum Development Advisory Committee established pursuant to Section 8588.10 of the Government Code, involving the responsibilities of first responders to terrorism incidents and to address the training needs of those identified as first responders. Training standards shall include, but not be limited to, criteria for coordinating between different responding entities. (b) Every EMT I, EMT II, and EMT-P, as defined in Sections 1797.80, 1797.82, and 1797.84, may receive the appropriate training described in this section. Pertinent training previously completed by any jurisdiction’s EMT I, EMT II, or EMT-P personnel and meeting the training requirements of this section may be submitted to the training program approving authority to assess its content and determine whether it meets the training standards prescribed by the authority. (Amended by Stats. 2014, Ch. 668, Sec. 3. (AB 1598) Effective January 1, 2015.)
  2. 1797.117.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The authority must maintain a centralized registry for EMT certificate and license status, and several related agencies must exchange fingerprints, criminal-history responses, and arrest notifications.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.117. (a) The authority shall establish and maintain a centralized registry system for the monitoring and tracking of each EMT-I and EMT-II certificate status and each EMT-P license status. This centralized registry system shall be used by the certifying entities as part of the certification process for an EMT-I and EMT-II and by the authority as part of the licensure process for an EMT-P license. The authority shall, by regulation, specify the data elements to be included in the centralized registry system, the requirements for certifying entities to report the data elements for inclusion in the registry, including reporting deadlines, the penalties for failure of a certifying entity to report certification status changes within these deadlines, and requirements for submission to the Department of Justice fingerprint images and related information required by the Department of Justice of, except as otherwise provided in this division, EMT-I and EMT-II certificate candidates or holders and EMT-P license candidates or holders for the purposes described in subdivision (c). The data elements to be included in the centralized registry system shall include, but are not limited to, data elements that are to be made publicly available pursuant to subdivision (b). (b) The information made available to the public through the centralized registry system shall include all of the following data elements: the full name of every individual who has been issued an EMT-I or EMT-II certificate or EMT-P license, the name of the entity that issued the certificate or license, the certificate or license number, the date of issuance of the license or certificate, and the license or certificate status. (c) (1) As part of the centralized registry system, the authority shall electronically submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all EMT-I and EMT-II certificate candidates or holders, and of all EMT-P license applicants, for the purposes of obtaining information as to the existence and content of a record of state or federal convictions and state or federal arrests and also information as to the existence and content of a record of state or federal arrests for which the Department of Justice establishes that the person is free on bail or on his or her recognizance pending trial or appeal. (2) When received, the Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to this subdivision. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and electronically disseminate a primary response to the authority and electronically disseminate a dual response to one government agency certifying entity. (3) The Department of Justice shall electronically provide the primary response to the authority and also electronically, the dual response to one certifying entity that is a government agency, pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code. (d) The authority shall request the Department of Justice to provide subsequent arrest notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons described in subdivision (c). All subsequent arrest notifications provided to the authority for persons described in subdivision (c) shall be electronically submitted to one government agency certifying entity, as a dual response by the Department of Justice. (e) The Department of Justice shall charge a fee sufficient to cover the cost of processing the request described in this section. (Added by Stats. 2008, Ch. 274, Sec. 6. Effective January 1, 2009.)
  3. 1797.118.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    EMT-I and EMT-II certificate candidates or holders must submit fingerprint information for a criminal records search, and certain certifying entities or employers must verify in writing to the authority when a prior search was already done.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.118. (a) On and after July 1, 2010, and except as provided in subdivision (b), every EMT-I and EMT-II certificate candidate or holder shall have their fingerprint images and related information submitted to the authority for submission to the Department of Justice pursuant to the regulations adopted pursuant to Section 1797.117 for a state and federal level criminal offender record information search, including subsequent arrest information. (b) If a state level criminal offender record information search, including subsequent arrest information, has been conducted on a currently certified EMT-I or EMT-II, who was certified prior to July 1, 2010, for the purposes of employment or EMT-I or EMT-II certification, then the certifying entity or employer as identified in paragraph (2) of subdivision (a) of Section 1798.200 shall verify in writing to the authority pursuant to regulations adopted pursuant to Section 1797.117 that a state level criminal offender record information search, including subsequent arrest information, has been conducted and that nothing in the criminal offender record information search precluded the individual from obtaining EMT-I or EMT-II certification. (Added by Stats. 2008, Ch. 274, Sec. 7. Effective January 1, 2009.)
  4. 1797.119.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The authority must send suicide-prevention curriculum criteria to each local EMS agency, and each local EMS agency must share those criteria with EMS employers in its area. Paid EMS responders may receive training based on those criteria.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.119. (a) The authority shall distribute to each local EMS agency the curriculum content criteria for peer-to-peer suicide prevention programming developed pursuant to Section 13159.6. (b) Each local EMS agency shall make the curriculum content criteria available to each emergency medical services employer in the local EMS agency’s jurisdiction. (c) Every paid emergency medical services responder may receive appropriate training consistent with the curriculum content criteria. (Added by Stats. 2022, Ch. 575, Sec. 1. (AB 662) Effective January 1, 2023.)
  5. 1797.120.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The EMS authority must develop and, after commission approval, adopt a statewide standard for calculating and reporting ambulance patient offload time.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.120. (a) The authority shall develop, using input from stakeholders, including, but not limited to, hospitals, local EMS agencies, and public and private EMS providers, and, after approval by the commission pursuant to Section 1799.50, adopt a statewide standard methodology for the calculation and reporting by a local EMS agency of ambulance patient offload time. (b) For the purposes of this section, “ambulance patient offload time” is defined as the interval between the arrival of an ambulance patient at an emergency department and the time that the patient is transferred to an emergency department gurney, bed, chair, or other acceptable location and the emergency department assumes responsibility for care of the patient. (Added by Stats. 2015, Ch. 379, Sec. 1. (AB 1223) Effective January 1, 2016.)
  6. 1797.120.5.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The authority must create and implement EMS information, audit, assistance, and emergency regulation requirements for ambulance patient offload and transfer-of-care reporting by set deadlines. Local EMS agencies must set and report a standard for ambulance patient offload time of no more than 30 minutes 90% of the time.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.120.5. (a) (1) By no later than December 31, 2024, the authority shall develop and implement a California Emergency Medical Services Information System requirement for an electronic signature for use between the emergency department medical personnel at a receiving hospital and the Emergency Medical Technician (EMT), Advanced Emergency Medical Technician (AEMT), or Emergency Medical Technician-Paramedic (EMT-P) that captures the points in time when the ambulance arrives at the hospital emergency department bay and when transfer of care is executed for documentation of ambulance patient offload time, as defined by Section 1797.120. (2) The signature shall be collected when physical transfer of the patient occurs and the report is given to hospital staff and shall note ambulance arrival time at the hospital. (b) (1) By no later than July 1, 2024, every local EMS agency shall develop a standard not to exceed 30 minutes, 90 percent of the time, for ambulance patient offload time and report the adopted time to the authority. (2) In the development of the standard required by paragraph (1), the local EMS agency may engage stakeholders, including hospital representatives, fire departments having jurisdiction, exclusive employee representatives of staff at hospitals, fire departments, EMS providers, if any, and others. (c) By no later than December 31, 2024, the authority shall develop and implement an audit tool to improve the data accuracy of transfer of care with validation from hospitals and local EMS agencies. (d) The authority shall provide technical assistance and funding as needed, subject to an appropriation, for small rural hospitals and volunteer EMS providers to implement this section. (e) On or before December 31, 2024, the authority shall adopt emergency regulations to implement this section. The emergency regulations adopted pursuant to this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and, for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of the regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. (Added by Stats. 2023, Ch. 793, Sec. 1. (AB 40) Effective January 1, 2024.)
  7. 1797.120.6.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    Hospitals with emergency departments must create an ambulance patient offload time reduction protocol by September 1, 2024, file it with the authority, and report revisions annually.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.120.6. (a) A licensed general acute care hospital with an emergency department shall, by September 1, 2024, develop, in consultation with its emergency department staff, and its exclusive employee representatives, if any, an ambulance patient offload time reduction protocol that addresses all of the following factors: (1) Notification of hospital administrators, nursing staff, medical staff, and ancillary services that the local EMS agency standard for ambulance patient offload time has been exceeded for one month. (2) Mechanisms to improve hospital operations to reduce ambulance patient offload time, which may include, but are not limited to, activating the hospital’s surge plan, transferring patients to other hospitals, suspending elective admissions, discharging patients, using alternative care sites, increasing supplies, improving triage and transfer systems, and adding additional staffing. (3) Systems to improve general hospital coordination with the emergency department, including consults for emergency department patients. (4) Direct operational changes designed to facilitate a rapid reduction in ambulance patient offload time to meet the local EMS agency standard adopted pursuant to subdivision (b) of Section 1797.120.5. (b) A licensed general acute care hospital with an emergency department shall file its ambulance patient offload time reduction protocol with the authority and shall annually report any revisions to its protocol. (Added by Stats. 2023, Ch. 793, Sec. 2. (AB 40) Effective January 1, 2024.)
  8. 1797.120.7.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The authority must monitor monthly ambulance patient offload time data, and if a hospital’s time exceeds the applicable local EMS standard after December 31, 2024, the authority must take specified follow-up actions.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. The Emergency Medical Services Authority [1797.100 - 1797.120.7] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.120.7. (a) On or before December 31, 2024, the authority shall monitor monthly ambulance patient offload time data for each hospital required to report under Section 1797.120.5. (b) If, on or after December 31, 2024, a general acute care hospital with an emergency department has an ambulance patient offload time that exceeds the local EMS agency standard adopted pursuant to subdivision (b) of Section 1797.120.5 for the preceding month, the authority shall comply with all of the following: (1) Report the ambulance patient offload time exceedance to the relevant local EMS agency and the commission via electronic means. (2) Direct the local EMS agency to alert all EMS providers in the jurisdiction. (3) Direct the licensed general acute care hospital with an emergency department to implement the ambulance patient offload time reduction protocol developed pursuant to Section 1797.120.6. (4) Host, at minimum, bi-weekly calls with the relevant hospital administration, including emergency department leadership, EMS providers, local EMS agency, and hospital employees to update and discuss implementation of the protocol and the outcomes. (Added by Stats. 2023, Ch. 793, Sec. 3. (AB 40) Effective January 1, 2024.)
  9. 1797.121.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Reports [1797.121 - 1797.124] ( Heading of Article 2 amended by Stats. 1987, Ch. 1058, Sec. 1. )

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    The authority must report to the Legislature on the effectiveness of the systems in this division, first by January 1, 1984, and then every year.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Reports [1797.121 - 1797.124] ( Heading of Article 2 amended by Stats. 1987, Ch. 1058, Sec. 1. ) ## 1797.121. The authority shall report to the Legislature on the effectiveness of the systems provided for in this division on or before January 1, 1984, and annually thereafter, including within this report, systems impact evaluations on death and disability. (Added by Stats. 1980, Ch. 1260.)
  10. 1797.122.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Reports [1797.121 - 1797.124] ( Heading of Article 2 amended by Stats. 1987, Ch. 1058, Sec. 1. )

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    Health facilities may release patient-identifiable medical information to EMS-related recipients in specified quality-improvement situations, and EMS entities must request only minimally necessary data elements.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Reports [1797.121 - 1797.124] ( Heading of Article 2 amended by Stats. 1987, Ch. 1058, Sec. 1. ) ## 1797.122. (a) Notwithstanding any other law, a health facility as defined in subdivision (a) or (b) of Section 1250 may release patient-identifiable medical information under the following circumstances: (1) To an EMS provider, information regarding a patient who was treated, or transported to the hospital by, that EMS provider, to the extent that specific data elements are requested for quality assessment and improvement purposes. (2) To the authority or the local EMS agency, to the extent that specific data elements are requested for quality assessment and improvement purposes. (b) An EMS provider, local EMS agency, and the authority shall request only those data elements that are minimally necessary in compliance with Section 164.502 (b) and Section 164.514 (d) of Title 45 of the Code of Federal Regulations. (c) The authority may develop minimum standards for the implementation of data collection for system operation, patient outcome, and performance quality improvement. (d) For purposes of this section, “EMS provider” means an organization employing an Emergency Medical Technician-I, Advanced Emergency Medical Technician, Emergency Medical Technician-Paramedic, registered nurse, or physician for the delivery of emergency medical care to the sick and injured at the scene of an emergency, during transport, or during an interfacility transfer. (Added by Stats. 2015, Ch. 362, Sec. 2. (AB 503) Effective January 1, 2016.)
  11. 1797.123.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Reports [1797.121 - 1797.124] ( Heading of Article 2 amended by Stats. 1987, Ch. 1058, Sec. 1. )

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    The authority must calculate and report ambulance patient offload time, including twice-yearly reporting and a one-time report to the Legislature by December 1, 2020.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Reports [1797.121 - 1797.124] ( Heading of Article 2 amended by Stats. 1987, Ch. 1058, Sec. 1. ) ## 1797.123. (a) Upon receipt of data reported by a local EMS agency to the authority pursuant to Section 1797.228, the authority shall calculate ambulance patient offload time by local EMS agency jurisdiction and by each facility in a local EMS agency jurisdiction. (b) The authority shall report twice per year to the Commission on Emergency Medical Services the ambulance patient offload time by local EMS agency jurisdiction and by each facility in a local EMS agency jurisdiction. (c) On or before December 1, 2020, the authority, in collaboration with local EMS agencies, shall submit a report to the Legislature on ambulance patient offload time and recommendations to reduce or eliminate ambulance patient offload time. The report shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2018, Ch. 656, Sec. 2. (AB 2961) Effective January 1, 2019.)
  12. 1797.124.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Reports [1797.121 - 1797.124] ( Heading of Article 2 amended by Stats. 1987, Ch. 1058, Sec. 1. )

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    The authority must publish an annual county-by-county report on allowable maximum ground ambulance transportation rates and submit it to specified agencies.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Reports [1797.121 - 1797.124] ( Heading of Article 2 amended by Stats. 1987, Ch. 1058, Sec. 1. ) ## 1797.124. (a) On or before March 1, 2024, and on or before each January 1 thereafter, the authority shall annually develop and publish on its internet website a report showing the allowable maximum rates for ground ambulance transportation services in each county, including trending the rates by county. If feasible, this report shall include the applicable Medicare rate for the year. (b) The authority shall annually submit each report to the Department of Insurance and the Department of Managed Health Care for purposes of rate review, as well as to the Office of Health Care Affordability. (Added by Stats. 2023, Ch. 454, Sec. 3. (AB 716) Effective January 1, 2024.)
  13. 1797.125.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Paramedic Disciplinary Review Board [1797.125 - 1797.125.11] ( Article 2.5 added by Stats. 2021, Ch. 463, Sec. 2. )

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    This section creates the Paramedic Disciplinary Review Board within the Emergency Medical Services Authority and gives it responsibility to enforce and administer the article.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Paramedic Disciplinary Review Board [1797.125 - 1797.125.11] ( Article 2.5 added by Stats. 2021, Ch. 463, Sec. 2. ) ## 1797.125. (a) The Paramedic Disciplinary Review Board is hereby created in the Emergency Medical Services Authority. The board shall consist of seven members and shall enforce and administer this article. (b) The protection of the public shall be the highest priority of the Paramedic Disciplinary Review Board in exercising its duties as prescribed in this article. If the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (c) On and after January 1, 2023, any reference to final determination regarding an appeal of EMT-P licensure discipline or final determination regarding an appeal of licensure denial pursuant to this division is a duty conferred upon the Paramedic Disciplinary Review Board. (Added by Stats. 2021, Ch. 463, Sec. 2. (AB 450) Effective January 1, 2022.)
  14. 1797.125.01.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Paramedic Disciplinary Review Board [1797.125 - 1797.125.11] ( Article 2.5 added by Stats. 2021, Ch. 463, Sec. 2. )

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    This section sets the membership, appointment powers, compensation, term limits, and removal rules for the Paramedic Disciplinary Review Board.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Paramedic Disciplinary Review Board [1797.125 - 1797.125.11] ( Article 2.5 added by Stats. 2021, Ch. 463, Sec. 2. ) ## 1797.125.01. (a) The Paramedic Disciplinary Review Board shall be composed of the following members, who shall all be residents of California: (1) One member shall be a California-licensed physician who is board certified in emergency medicine, whose primary practice is emergency medicine, and who has not less than five years of experience working in an emergency department. The physician shall not be employed or providing services by contract as a local emergency medical services (EMS) agency medical director or a medical director of an advanced life support (ALS) provider. (2) Four members shall be field paramedics licensed in California, each of whom shall have not less than five years of experience working as a paramedic for an ALS provider. The paramedic members shall have not less than two years of experience as a paramedic preceptor, field training officer, or participating in the development or oversight of an agency continuous quality improvement review process. The two-year experience requirement may be achieved through any combination of those experiences. (3) Two members shall be public members who are not licensed by the Emergency Medical Services Authority or by any previous authority under this division, have no pecuniary interest in the provision of emergency medical services, and are not employed by a local EMS agency, ALS provider, or basic life support provider. (b) The Governor shall appoint the physician member and two of the paramedic members of the board. The Senate Rules Committee and the Speaker of the Assembly shall each appoint one paramedic member and one public member. The Governor’s initial appointees shall serve two-year terms. (c) Except for the Governor’s initial appointments, appointments shall be made for four-year terms expiring on the first day of June. A member shall not serve more than two consecutive terms. Vacancies shall be filled by appointment to the unexpired term. (d) Each member of the board shall receive a per diem of one hundred dollars ($100) for each day spent in the discharge of official duties and shall be reimbursed for traveling and other expenses necessarily incurred in the performance of official duties. These payments shall be made only from the Emergency Medical Services Personnel Fund from which the expenses of the EMT-P licensure enforcement program are paid. Notwithstanding any other law, a public officer or employee shall not receive per diem salary compensation for serving on the board on any day when the officer or employee also received compensation for the officer or employee’s regular public employment. (e) Each member of the board shall take an oath of office as provided in the California Constitution and the Government Code. (f) The appointing authority may remove from office at any time a member of the board for continued neglect of duties required by law, or for incompetence, or unprofessional or dishonorable conduct. This section is not a limitation or restriction on the power of the appointing authority conferred on the appointing authority by any other law to remove a member of the board. (Added by Stats. 2021, Ch. 463, Sec. 2. (AB 450) Effective January 1, 2022.)
  15. 1797.125.03.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Paramedic Disciplinary Review Board [1797.125 - 1797.125.11] ( Article 2.5 added by Stats. 2021, Ch. 463, Sec. 2. )

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    The board must choose a chairperson, meet quarterly, and may hold special or additional meetings under specified conditions.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Paramedic Disciplinary Review Board [1797.125 - 1797.125.11] ( Article 2.5 added by Stats. 2021, Ch. 463, Sec. 2. ) ## 1797.125.03. (a) The board shall select a chairperson from its members. (b) The board, for the purpose of discharging its duties, shall meet quarterly and shall convene at dates, times, and locations that coordinate with the quarterly meetings of the Commission on Emergency Medical Services required pursuant to Section 1799.8. (c) Special meetings may be held at times designated by the board. Additional meetings may be held upon call of the chair or at the written request of any two members of the board. (Added by Stats. 2021, Ch. 463, Sec. 2. (AB 450) Effective January 1, 2022.)
  16. 1797.125.05.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Paramedic Disciplinary Review Board [1797.125 - 1797.125.11] ( Article 2.5 added by Stats. 2021, Ch. 463, Sec. 2. )

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    The board may hear certain appeals and must act within 100 days when a contested decision is heard by an administrative law judge. Some board decisions are final and not reviewed by the director, except for statutory appeal rights.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Paramedic Disciplinary Review Board [1797.125 - 1797.125.11] ( Article 2.5 added by Stats. 2021, Ch. 463, Sec. 2. ) ## 1797.125.05. (a) (1) Notwithstanding any other provision of this division, on and after January 1, 2023, the board may act on appeals of the authority’s decision to impose licensure action and regarding the denial of licensure after review of the authority’s decision as set forth in subdivision (b) of Section 1798.200. (2) If a contested decision is heard by an administrative law judge, on and after January 1, 2023, the board shall act within 100 days of receipt of the proposed decision as prescribed in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (c) of Section 11517 of the Government Code. If the board fails to act within 100 days of receipt of the proposed decision, the proposed decision shall be deemed adopted by the board, pursuant to paragraph (2) of subdivision (c) of Section 11517 of the Government Code. (b) (1) Proceedings against an EMT-P license or licenseholder shall be held in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (2) The Firefighters Procedural Bill of Rights Act (Chapter 9.6 (commencing with Section 3250) of Division 4 of Title 1 of the Government Code) applies to the actions of the board. (c) Decisions by the board made pursuant to subdivision (a) are not subject to review by the director and are final and binding, subject to any statutory rights of appeal. (Added by Stats. 2021, Ch. 463, Sec. 2. (AB 450) Effective January 1, 2022.)
  17. 1797.125.07.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Paramedic Disciplinary Review Board [1797.125 - 1797.125.11] ( Article 2.5 added by Stats. 2021, Ch. 463, Sec. 2. )

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    The board must develop criteria for appeals of licensure actions and must consider specific factors, including the employer’s and licenseholder’s investments, when reviewing those appeals.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Paramedic Disciplinary Review Board [1797.125 - 1797.125.11] ( Article 2.5 added by Stats. 2021, Ch. 463, Sec. 2. ) ## 1797.125.07. (a) The board shall develop criteria to aid it in making final determinations regarding appeals of licensure actions, for purposes of adoption by the authority pursuant to subdivision (b) of Section 1797.185. When considering appeals of licensure action, the board shall consider the investment made by both the employer and the licenseholder in terms of education to secure the license, training and continuing education to maintain the license, and equipment and appropriate adjuncts to perform the duties of the license. (b) The board shall develop and implement progressive discipline criteria to aid it in considering appeals of licensure action pursuant to subdivision (a). The criteria shall include all of the following: (1) The nature and duties of a paramedic. (2) The time that has elapsed since the licenseholder’s offense. (3) The nature and gravity of the offense. (4) The employer-imposed discipline for the offense. (5) The licenseholder’s prior disciplinary record. (6) Mitigating evidence. (7) Prior warnings to the licenseholder on record or prior remediation. (8) The actual harm to the patient and the actual harm to the public. (9) Evidence of the licenseholder’s rehabilitation. (10) Evidence of an expungement proceeding, if applicable. (11) The licenseholder’s compliance with the terms of their sentence or a court order, if criminally convicted. (12) Aggravating evidence. (13) The licenseholder’s overall criminal record. (Added by Stats. 2021, Ch. 463, Sec. 2. (AB 450) Effective January 1, 2022.)
  18. 1797.125.09.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Paramedic Disciplinary Review Board [1797.125 - 1797.125.11] ( Article 2.5 added by Stats. 2021, Ch. 463, Sec. 2. )

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    An employer of a paramedic must report certain suspensions or terminations for cause to the authority and the board within 72 hours, and the reported information remains confidential.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Paramedic Disciplinary Review Board [1797.125 - 1797.125.11] ( Article 2.5 added by Stats. 2021, Ch. 463, Sec. 2. ) ## 1797.125.09. (a) (1) An employer of a paramedic shall report to the director of the authority and the board the suspension or termination for cause of a paramedic in their employ within 72 hours of the event. The required reporting does not waive the confidentiality of medical records. The information reported or disclosed shall be kept confidential as investigative information consistent with subdivision (d) of Section 1798.200. Except as provided in subdivision (c) of Section 1797.117, the information reported shall not be subject to discovery in civil cases. (2) The authority shall provide to the board information received pursuant to Section 1797.117. (b) (1) The information submitted pursuant to this section that is not a public record shall be confidential, except that the licenseholder involved, or the licenseholder’s counsel or representative, may inspect and have copies made of the licenseholder’s information as long as it does not disclose the identity of an information source. (2) For the purposes of this section, the board may protect an information source by providing a copy of the material with only the deletions necessary to protect the identity of the source or by providing a summary of the substance of the material. The board shall ensure that full disclosure is made to the licenseholder of any personal information that could reasonably reflect or convey anything detrimental, disparaging, or threatening to a licenseholder’s reputation, rights, benefits, privileges, or qualifications, or be used by the board to make a determination that would affect a licenseholder’s rights, benefits, privileges, or qualifications. (3) The licenseholder may submit an additional exculpatory or explanatory statement or other information. If a statement or information is submitted, the board shall include it in the investigatory information. (4) Disclosure of information that is not a public record does not change the confidential status of the information. (c) Failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation. (d) For purposes of this section, “suspension or termination for cause” means suspension or termination from employment for any of the following reasons: (1) Use of controlled substances or alcohol to such an extent that it impairs the ability to safely practice paramedicine. (2) Unlawful sale of controlled substances or other prescription items. (3) Patient neglect, physical harm to a patient, or sexual contact with a patient. (4) Falsification of medical records. (5) Gross incompetence or negligence. (6) Theft from patients, other employees, or the employer. (Added by Stats. 2021, Ch. 463, Sec. 2. (AB 450) Effective January 1, 2022.)
  19. 1797.125.11.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Paramedic Disciplinary Review Board [1797.125 - 1797.125.11] ( Article 2.5 added by Stats. 2021, Ch. 463, Sec. 2. )

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    If the board denies or upholds a licensure denial based on conviction history, it must notify the applicant in writing and keep certain applicant records for at least three years.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Paramedic Disciplinary Review Board [1797.125 - 1797.125.11] ( Article 2.5 added by Stats. 2021, Ch. 463, Sec. 2. ) ## 1797.125.11. (a) If the board denies an appeal of an application for licensure, or upholds the authority’s decision to deny an application for licensure, based solely or in part on the applicant’s conviction history, the board shall notify the applicant in writing of all of the following: (1) The denial or disqualification of licensure. (2) The procedure the board has for the applicant to challenge the decision or to request reconsideration. (3) The processes for the applicant to request a copy of the applicant’s complete conviction history and question the accuracy or completeness of the record pursuant to Sections 11122 to 11127, inclusive, of the Penal Code. (b) For a minimum of three years, the board shall retain application forms and other documents submitted by an applicant, a notice provided to an applicant, all other communications received from and provided to an applicant, and criminal history reports of an applicant. (Added by Stats. 2021, Ch. 463, Sec. 2. (AB 450) Effective January 1, 2022.)
  20. 1797.130.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3. Coordination With Other State Agencies [1797.130 - 1797.134] ( Article 3 added by Stats. 1980, Ch. 1260. )

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    The director must chair the Interdepartmental Committee on Emergency Medical Services.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3. Coordination With Other State Agencies [1797.130 - 1797.134] ( Article 3 added by Stats. 1980, Ch. 1260. ) ## 1797.130. The director shall chair an Interdepartmental Committee on Emergency Medical Services established pursuant to Section 1797.132. (Added by Stats. 1980, Ch. 1260.)
  21. 1797.132.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3. Coordination With Other State Agencies [1797.130 - 1797.134] ( Article 3 added by Stats. 1980, Ch. 1260. )

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    An Interdepartmental Committee on Emergency Medical Services is created, and it must advise the authority and include representatives from specified state agencies and departments.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3. Coordination With Other State Agencies [1797.130 - 1797.134] ( Article 3 added by Stats. 1980, Ch. 1260. ) ## 1797.132. An Interdepartmental Committee on Emergency Medical Services is hereby established. This committee shall advise the authority on the coordination and integration of all state activities concerning emergency medical services. The committee shall include a representative from each of the following state agencies and departments: the Office of Emergency Services, the Department of the California Highway Patrol, the Department of Motor Vehicles, a representative of the administrator of the California Traffic Safety Program as provided by Chapter 5 (commencing with Section 2900) of Division 2 of the Vehicle Code, the Medical Board of California, the State Department of Public Health, the Board of Registered Nursing, the State Department of Education, the National Guard, the Office of Statewide Health Planning and Development, the State Fire Marshal, the California Conference of Local Health Officers, the Department of Forestry and Fire Protection, the Chancellor’s Office of the California Community Colleges, and the Department of General Services. (Amended by Stats. 2013, Ch. 352, Sec. 332. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  22. 1797.133.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3. Coordination With Other State Agencies [1797.130 - 1797.134] ( Article 3 added by Stats. 1980, Ch. 1260. )

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    The director may appoint expert resource committees and contract with special medical consultants to help implement this division.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3. Coordination With Other State Agencies [1797.130 - 1797.134] ( Article 3 added by Stats. 1980, Ch. 1260. ) ## 1797.133. The director may appoint select resource committees of experts and may contract with special medical consultants for assistance in the implementation of this division. (Amended by Stats. 1986, Ch. 248, Sec. 129.)
  23. 1797.134.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3. Coordination With Other State Agencies [1797.130 - 1797.134] ( Article 3 added by Stats. 1980, Ch. 1260. )

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    The committee on emergency medical services, or another committee the director designates, must consult with the Commission on Peace Officer Standards and Training about integrating emergency medical services with peace officer training.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3. Coordination With Other State Agencies [1797.130 - 1797.134] ( Article 3 added by Stats. 1980, Ch. 1260. ) ## 1797.134. The Interdepartmental Committee on Emergency Medical Services or another committee designated by the director shall consult with the Commission on Peace Officer Standards and Training regarding emergency medical services integration and coordination with peace officer training. (Added by Stats. 2014, Ch. 668, Sec. 4. (AB 1598) Effective January 1, 2015.)
  24. 1797.150.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 4. Medical Disasters [1797.150 - 1797.153] ( Article 4 added by Stats. 1980, Ch. 1260. )

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    The authority must respond to any medical disaster, working with the Office of Emergency Services.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 4. Medical Disasters [1797.150 - 1797.153] ( Article 4 added by Stats. 1980, Ch. 1260. ) ## 1797.150. In cooperation with the Office of Emergency Services, the authority shall respond to any medical disaster by mobilizing and coordinating emergency medical services mutual aid resources to mitigate health problems. (Amended by Stats. 2013, Ch. 352, Sec. 333. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  25. 1797.151.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 4. Medical Disasters [1797.150 - 1797.153] ( Article 4 added by Stats. 1980, Ch. 1260. )

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    The authority must coordinate medical and hospital disaster preparedness through local EMS agencies and help the Office of Emergency Services prepare the emergency medical services component of the State Emergency Plan.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 4. Medical Disasters [1797.150 - 1797.153] ( Article 4 added by Stats. 1980, Ch. 1260. ) ## 1797.151. The authority shall coordinate, through local EMS agencies, medical and hospital disaster preparedness with other local, state, and federal agencies and departments having a responsibility relating to disaster response, and shall assist the Office of Emergency Services in the preparation of the emergency medical services component of the State Emergency Plan as defined in Section 8560 of the Government Code. (Amended by Stats. 2013, Ch. 352, Sec. 334. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  26. 1797.152.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 4. Medical Disasters [1797.150 - 1797.153] ( Article 4 added by Stats. 1980, Ch. 1260. )

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    The director and the State Public Health Officer may appoint a regional disaster medical and health coordinator for each mutual aid region, and the coordinator may plan and coordinate mutual aid in limited disaster situations.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 4. Medical Disasters [1797.150 - 1797.153] ( Article 4 added by Stats. 1980, Ch. 1260. ) ## 1797.152. (a) The director and the State Public Health Officer may jointly appoint a regional disaster medical and health coordinator for each mutual aid region of the state. A regional disaster medical and health coordinator shall be either a county health officer, a county coordinator of emergency services, an administrator of a local EMS agency, or a medical director of a local EMS agency. Appointees shall be chosen from among persons nominated by a majority vote of the local health officers in a mutual aid region. (b) In the event of a major disaster which results in a proclamation of emergency by the Governor, and in the need to deliver medical or public and environmental health mutual aid to the area affected by the disaster, at the request of the authority, the State Department of Public Health, or the Office of Emergency Services, a regional disaster medical and health coordinator in a region unaffected by the disaster may coordinate the acquisition of requested mutual aid resources from the jurisdictions in the region. (c) A regional disaster medical and health coordinator may develop plans for the provision of medical or public health mutual aid among the counties in the region. (d) No person may be required to serve as a regional disaster medical and health coordinator. No state compensation shall be paid for a regional disaster medical and health coordinator position, except as determined appropriate by the state, if funds become available. (Amended by Stats. 2013, Ch. 352, Sec. 335. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  27. 1797.153.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 4. Medical Disasters [1797.150 - 1797.153] ( Article 4 added by Stats. 1980, Ch. 1260. )

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    In each operational area, the county health officer and local EMS agency administrator may jointly act as the MHOAC, and the MHOAC has duties to help develop and coordinate a medical and health disaster plan.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 4. Medical Disasters [1797.150 - 1797.153] ( Article 4 added by Stats. 1980, Ch. 1260. ) ## 1797.153. (a) In each operational area the county health officer and the local EMS agency administrator may act jointly as the medical health operational area coordinator (MHOAC). If the county health officer and the local EMS agency administrator are unable to fulfill the duties of the MHOAC they may jointly appoint another individual to fulfill these responsibilities. If an operational area has a MHOAC, the MHOAC in cooperation with the county office of emergency services, local public health department, the local office of environmental health, the local department of mental health, the local EMS agency, the local fire department, the regional disaster and medical health coordinator (RDMHC), and the regional office of the Office of Emergency Services, shall be responsible for ensuring the development of a medical and health disaster plan for the operational area. The medical and disaster plans shall follow the Standard Emergency Management System and National Incident Management System. The MHOAC shall recommend to the operational area coordinator of the Office of Emergency Services a medical and health disaster plan for the provision of medical and health mutual aid within the operational area. (b) For purposes of this section, “operational area” has the same meaning as that term is defined in subdivision (b) of Section 8559 of the Government Code. (c) The medical and health disaster plan shall include preparedness, response, recovery, and mitigation functions consistent with the State Emergency Plan, as established under Sections 8559 and 8560 of the Government Code, and, at a minimum, the medical and health disaster plan, policy, and procedures shall include all of the following: (1) Assessment of immediate medical needs. (2) Coordination of disaster medical and health resources. (3) Coordination of patient distribution and medical evaluations. (4) Coordination with inpatient and emergency care providers. (5) Coordination of out-of-hospital medical care providers. (6) Coordination and integration with fire agencies personnel, resources, and emergency fire prehospital medical services. (7) Coordination of providers of nonfire based prehospital emergency medical services. (8) Coordination of the establishment of temporary field treatment sites. (9) Health surveillance and epidemiological analyses of community health status. (10) Assurance of food safety. (11) Management of exposure to hazardous agents. (12) Provision or coordination of mental health services. (13) Provision of medical and health public information protective action recommendations. (14) Provision or coordination of vector control services. (15) Assurance of drinking water safety. (16) Assurance of the safe management of liquid, solid, and hazardous wastes. (17) Investigation and control of communicable disease. (d) In the event of a local, state, or federal declaration of emergency, the MHOAC shall assist the agency operational area coordinator in the coordination of medical and health disaster resources within the operational area, and be the point of contact in that operational area, for coordination with the RDMHC, the agency, the regional office of the agency, the State Department of Public Health, and the authority. (e) Nothing in this section shall be construed to revoke or alter the current authority for disaster management provided under either of the following: (1) The State Emergency Plan established pursuant to Section 8560 of the Government Code. (2) The California standardized emergency management system established pursuant to Section 8607 of the Government Code. (Amended by Stats. 2013, Ch. 352, Sec. 336. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  28. 1797.160.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    An ambulance owner may not let an ambulance operate in emergency service unless the attendant, or the operator if there is no attendant, has the required evidence of specialized training.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.160. No owner of a publicly or privately owned ambulance shall permit the operation of the ambulance in emergency service unless the attendant on duty therein, or, if there is no attendant on duty therein, the operator, possesses evidence of that specialized training as is reasonably necessary to ensure that the attendant or operator is competent to care for sick or injured persons who may be transported by the ambulance, as set forth in the emergency medical training and educational standards for ambulance personnel established by the authority pursuant to this article. This section shall not be applicable in any state of emergency declared pursuant to the California Emergencies Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), when it is necessary to fully utilize all available ambulances in an area and it is not possible to have the ambulance operated or attended by persons with the qualifications required by this section. (Added by Stats. 1983, Ch. 1246, Sec. 20.)
  29. 1797.161.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    Certain public safety agencies must provide prearrival medical instructions to 911 callers needing medical assistance by January 1, 2027.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.161. (a) By January 1, 2027, a public safety agency that provides “911” call processing services for emergency medical response shall provide prearrival medical instructions to “911” callers requiring medical assistance, including, at a minimum, all of the following: (1) Airway and choking medical instructions for infants, children, and adults. (2) Automatic external defibrillator (AED) and CPR instructions for children and adults. (3) Childbirth. (4) Bleeding control and hemorrhage. (5) Administration of epinephrine by auto-injector for suspected anaphylaxis. (6) Administration of naloxone for suspected narcotics overdoses. (b) A public safety agency may satisfy the requirements of subdivision (a) by contracting with another public safety agency that provides prearrival medical instructions. (c) Prearrival medical instructions developed pursuant to subdivision (a) or (b) shall be approved by the local EMS agency medical director pursuant to subdivisions (c) and (d) of Section 1797.223 and implemented consistent with the medical protocols and procedures adopted by the public safety agency. (d) This section does not require a public safety agency to update its policies and procedures if the public safety agency already provides prearrival medical instructions through emergency medical dispatch or other means and those instructions have been approved by the local EMS agency medical director. (e) A public safety agency dispatching peace officers to the scene of an emergency shall not constitute call processing services for emergency medical response for purposes of this section, even though the peace officers may administer first aid and CPR pursuant to Section 1797.183. (f) This section shall not be construed to alter, modify, abridge, diminish, enlarge, or constrain the authority’s ability to adopt guidelines or regulations for emergency medical dispatch, including dispatcher training, under existing law, including, but not limited to, Sections 1797.103 and 1797.107. (g) This section does not supersede Section 1797.201, 1797.223, 1798.6, or 1798.8, or Section 53110 of the Government Code. (Added by Stats. 2025, Ch. 273, Sec. 1. (AB 645) Effective January 1, 2026.)
  30. 1797.165.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    CAL-FIRE may certify a person as an EMR if the person meets the listed training and education conditions, and certified EMRs must meet specified training requirements unless subdivision (b) applies.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.165. (a) (1) Notwithstanding any other law, the Department of Forestry and Fire Protection, also known as CAL-FIRE pursuant to Section 701.6 of the Public Resources Code, may certify an individual as an Emergency Medical Responder (EMR) if he or she meets both of the following conditions: (A) The individual is a graduate of the CAL-FIRE training program at a conservation camp under the Department of Corrections and Rehabilitation and received a letter of recommendation from the Director of CAL-FIRE. (B) While participating in the training program described in subparagraph (A), the individual was working toward a high school diploma or its equivalent, unless he or she already earned one. (2) Except as provided in subdivision (b), an individual certified as an EMR pursuant to this section shall meet the training requirements developed by the authority pursuant to this division, including, but not limited to, the requirements of Chapter 1.5 of Title 22 of Division 9 of the California Code of Regulations. (b) (1) Any individual certified pursuant to paragraph (1) of subdivision (a) is not disqualified from certification as an EMR for having committed any of the actions described in subdivision (c) of Section 1798.200. This subdivision does not apply to an individual who committed any of those actions after he or she received certification pursuant to this section. (2) The certification of an individual as an EMR pursuant to this section shall be recognized statewide as a valid EMR certification without an individual having to repeat testing or certification. (c) The authority, in consultation with CAL-FIRE, shall, after approval by the commission pursuant to Section 1799.50, promulgate emergency regulations for the process of establishing the certification process pursuant to this section. The emergency regulations promulgated pursuant to this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and, for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of the regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. (Amended by Stats. 2018, Ch. 457, Sec. 3. (SB 879) Effective September 17, 2018.)
  31. 1797.170.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    This section requires the authority to set EMT-I training and scope-of-practice regulations and adds specific EMT-I training, privacy, and nondiscrimination rules.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.170. (a) The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt regulations for the training and scope of practice for EMT-I certification. (b) (1) No later than July 1, 2019, the authority, local EMS agency, and certifying entity shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate. (2) If the authority, local EMS agency, or certifying entity utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the authority or agency may release an individual’s taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status. (3) The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes. (4) The authority, local EMS agency, and certifying entity shall not do either of the following: (A) Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate. (B) Deny certification to an otherwise qualified and eligible applicant based solely on the applicant’s citizenship status or immigration status. (c) An individual certified as an EMT-I pursuant to this division shall be recognized as an EMT-I on a statewide basis, and recertification shall be based on statewide standards. (d) Effective July 1, 1990, an individual certified as an EMT-I pursuant to this act shall complete a course of training on the nature of sudden infant death syndrome that is developed by the California SIDS program in the State Department of Public Health in consultation with experts in the field of sudden infant death syndrome. (e) On or before July 1, 2016, the authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt regulations to include the administration of naloxone hydrochloride in the training and scope of practice of EMT-I certification. These regulations shall be substantially similar to existing regulations set forth in Chapter 3 (commencing with Section 100101) of Division 9 of Title 22 of the California Code of Regulations that authorize an EMT-I to receive EMT-II training in the administration of naloxone hydrochloride without having to complete the entire EMT-II certification course. This subdivision shall be implemented in accordance with Chapter 5 (commencing with Section 1798). (f) To ensure that EMT-Is licensed in this state are able to assist individuals living with cognitive impairment, the authority shall, as part of EMT-I basic training, include a component within the dementia-specific training hours on how to interact effectively with persons with dementia and their caregivers. In developing this component, the authority may consult with community organizations advocating on behalf of Californians with dementia or Alzheimer’s disease. (g) Commencing July 1, 2024, the authority shall require every EMT-I, upon initial licensure, to complete at least 20 minutes of training on issues relating to human trafficking. (Amended by Stats. 2022, Ch. 256, Sec. 1. (AB 2130) Effective January 1, 2023.)
  32. 1797.171.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    The authority must set EMT-II training and scope-of-practice standards, and several EMS entities must collect ID numbers for certificates while not asking for citizenship or immigration status. EMT-IIs also must take specific SIDS and human-trafficking training, with limited local scope-of-practice approvals possible in rural or remote areas.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.171. (a) The authority shall develop, and after approval of the commission pursuant to Section 1799.50, shall adopt, minimum standards for the training and scope of practice for EMT-II. (b) (1) No later than July 1, 2019, the authority, local EMS agency, and certifying entity shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate. (2) If the authority, local EMS agency, or certifying entity utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the authority or agency may release an individual’s taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status. (3) The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes. (4) The authority, local EMS agency, and certifying entity shall not do either of the following: (A) Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate. (B) Deny certification to an otherwise qualified and eligible applicant based solely on the applicant’s citizenship status or immigration status. (c) An EMT-II shall complete a course of training on the nature of sudden infant death syndrome in accordance with subdivision (d) of Section 1797.170. (d) (1) In rural or remote areas of the state where patient transport times are particularly long and where local resources are inadequate to support an EMT-P program for EMS responses, the director may approve additions to the scope of practice of EMT-IIs serving the local system, if requested by the medical director of the local EMS agency, and if the EMT-II has received training equivalent to that of an EMT-P. The approval of the director, in consultation with a committee of local EMS medical directors named by the Emergency Medical Directors Association of California, is required prior to implementation of any addition to a local optional scope of practice for EMT-IIs proposed by the medical director of a local EMS agency. A drug or procedure that is not part of the basic EMT-P scope of practice, including, but not limited to, any approved local options, shall not be added to any EMT-II scope of practice pursuant to this subdivision. (2) Approval of additions to the scope of practices pursuant to this subdivision may be given only for EMT-II programs in effect on January 1, 1994. (e) To ensure that EMT-IIs licensed in this state are able to assist individuals living with cognitive impairment, the authority shall, as part of EMT-II basic training, include a component within the dementia-specific training hours on how to interact effectively with persons with dementia and their caregivers. In developing this component, the authority may consult with community organizations advocating on behalf of Californians with dementia or Alzheimer’s disease. (f) Commencing July 1, 2024, the authority shall require every EMT-II, upon initial licensure, to complete at least 20 minutes of training on issues relating to human trafficking. (Amended by Stats. 2022, Ch. 256, Sec. 2. (AB 2130) Effective January 1, 2023.)
  33. 1797.172.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    The authority must set EMT-P training standards, handle licensure and renewal, charge and review fees, and limit certain information uses and disclosures.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.172. (a) The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt minimum standards for the training and scope of practice for EMT-Ps. (b) The approval of the director, in consultation with a committee of local EMS medical directors named by the EMS Medical Directors Association of California, is required prior to implementation of any addition to a local optional scope of practice for EMT-Ps proposed by the medical director of a local EMS agency. (c) (1) Notwithstanding any other law, the authority shall be the agency solely responsible for licensure and licensure renewal of EMT-Ps who meet the standards and are not precluded from licensure because of any of the reasons listed in subdivision (c) of Section 1798.200. The authority shall require an applicant to provide an individual taxpayer identification number or the social security number in order to establish the identity of the applicant. The information obtained as a result of a state and federal level criminal offender record information search shall be used in accordance with Section 11105 of the Penal Code, and to determine whether the applicant is subject to denial of licensure or licensure renewal pursuant to this division. Submission of fingerprint images to the Department of Justice may not be required for licensure renewal upon determination by the authority that fingerprint images have previously been submitted to the Department of Justice during initial licensure, or a previous licensure renewal, provided that the license has not lapsed and the applicant has resided continuously in the state since the initial licensure. (2) The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes. (3) If the authority utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the authority may release an individual’s taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status. (4) The authority shall not do either of the following: (A) Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate. (B) Deny certification to an applicant based solely on the applicant’s citizenship status or immigration status. (5) On and after January 1, 2023, the Paramedic Disciplinary Review Board shall make the final determination after an appeal of a licensure denial pursuant to Article 2.5 (commencing with Section 1797.125). (d) The authority shall charge fees for the licensure and licensure renewal of EMT-Ps in an amount sufficient to support the authority’s licensure program at a level that ensures the qualifications of the individuals licensed to provide quality care. The basic fee for licensure or licensure renewal of an EMT-P shall not exceed one hundred twenty-five dollars ($125) until the adoption of regulations that specify a different amount that does not exceed the authority’s EMT-P licensure, license renewal, and enforcement programs. The authority shall annually evaluate fees to determine if the fee is sufficient to fund the actual costs of the authority’s licensure, licensure renewal, and enforcement programs. If the evaluation shows that the fees are excessive or are insufficient to fund the actual costs of the authority’s EMT-P licensure, licensure renewal, and enforcement programs, then the fees shall be adjusted accordingly through the rulemaking process described in the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Separate additional fees may be charged, at the option of the authority, for services that are not shared by all applicants for licensure and licensure renewal, including, but not limited to, any of the following services: (1) Initial application for licensure as an EMT-P. (2) Competency testing, the fee for which shall not exceed thirty dollars ($30), except that an additional fee may be charged for the cost of any services that provide enhanced availability of the exam for the convenience of the EMT-P, such as on-demand electronic testing. (3) Fingerprint and criminal record check. The applicant shall, if applicable according to subdivision (c), submit fingerprint images and related information for criminal offender record information searches with the Department of Justice and the Federal Bureau of Investigation. (4) Out-of-state training equivalency determination. (5) Verification of continuing education for a lapse in licensure. (6) Replacement of a lost licensure card. The fees charged for individual services shall be set so that the total fees charged to EMT-Ps shall not exceed the authority’s actual total cost for the EMT-P licensure program. (e) The authority may provide nonconfidential, nonpersonal information relating to EMS programs to interested persons upon request, and may establish and assess fees for the provision of this information. These fees shall not exceed the costs of providing the information. (f) At the option of the authority, fees may be collected for the authority by an entity that contracts with the authority to provide any of the services associated with the EMT-P program. All fees collected for the authority in a calendar month by any entity designated by the authority pursuant to this section to collect fees for the authority shall be transmitted to the authority for deposit into the Emergency Medical Services Personnel Fund within 30 calendar days following the last day of the calendar month in which the fees were received by the designated entity, unless the contract between the entity and the authority specifies a different timeframe. (g) To ensure that EMT-Ps licensed in this state are able to assist individuals living with cognitive impairment, the authority shall, as part of EMT-P basic training, include a component within the dementia-specific training hours on how to interact effectively with persons with dementia and their caregivers. In developing this component, the authority may consult with community organizations advocating on behalf of Californians with dementia or Alzheimer’s disease. (h) Commencing July 1, 2024, the authority shall require every EMT-P, upon initial licensure, to complete at least 20 minutes of training on issues relating to human trafficking. (Amended by Stats. 2022, Ch. 256, Sec. 3. (AB 2130) Effective January 1, 2023.)
  34. 1797.173.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    The authority must make sure EMT training programs are in approved locations and have a competency-based curriculum.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.173. The authority shall assure that all training programs for EMT-I, EMT-II, and EMT-P are located in an approved licensed hospital or an educational institution operated with written agreements with an acute care hospital, including a public safety agency that has been approved by the local emergency medical services agency to provide training. The authority shall also assure that each training program has a competency-based curriculum. EMT-I training and testing for fire service personnel may be offered at sites approved by the State Board of Fire Services and training for officers of the California Highway Patrol may be provided at the California Highway Patrol Academy. (Amended by Stats. 1983, Ch. 1246, Sec. 22.)
  35. 1797.174.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    The authority must develop statewide guidelines for EMT-P continuing education courses and quality improvement systems, after consulting specified groups.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.174. In consultation with the commission, the Emergency Medical Directors Association of California, and other affected constituencies, the authority shall develop statewide guidelines for continuing education courses and approval of continuing education courses for EMT-Ps and for quality improvement systems which monitor and promote improvement in the quality of care provided by EMT-Ps throughout the state. (Added by Stats. 1993, Ch. 997, Sec. 5. Effective January 1, 1994.)
  36. 1797.175.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    The authority must set continuing education standards and designate certification and recertification examinations for all prehospital personnel.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.175. The authority shall establish the standards for continuing education and shall designate the examinations for certification and recertification of all prehospital personnel. The authority shall consider including training regarding the characteristics and method of assessment and treatment of acquired immune deficiency syndrome (AIDS). (Amended by Stats. 1989, Ch. 1362, Sec. 6. Effective October 2, 1989.)
  37. 1797.176.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    The authority must establish minimum standards for the policies and procedures needed for medical control of the EMS system.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.176. The authority shall establish the minimum standards for the policies and procedures necessary for medical control of the EMS system. (Amended by Stats. 1988, Ch. 1390, Sec. 3.)
  38. 1797.177.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    An individual may not hold themselves out as an EMT-I, EMT-II, EMT-P, or paramedic unless they are currently certified by the local EMS agency or another certifying authority.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.177. No individual shall hold himself or herself out to be an EMT-I, EMT-II, EMT-P, or paramedic unless that individual is currently certified as such by the local EMS agency or other certifying authority. (Added by Stats. 1980, Ch. 1260.)
  39. 1797.178.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    A person or organization may not provide advanced life support or limited advanced life support unless it is an authorized part of the local EMS agency system or a qualifying pilot program.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.178. 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 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. (Added by Stats. 1980, Ch. 1260.)
  40. 1797.179.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    Certain local governments providing paramedic services must reimburse the Health Care Deposit Fund for state medical-claim costs when federal financial participation is available.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.179. Notwithstanding any other provision of law, and to the extent federal financial participation is available, any city, county or special district providing paramedic services as set forth in Section 1797.172, shall reimburse the Health Care Deposit Fund for the state costs of paying such medical claims. Funds allocated to the county from the County Health Services Fund pursuant to Part 4.5 (commencing with Section 16700) of Division 9 of the Welfare and Institutions Code may be utilized by the county or city to make such reimbursement. (Added by Stats. 1980, Ch. 1322.)
  41. 1797.180.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    Agencies may not advertise EMT-II or EMT-P rescue or ambulance services to the public unless they actually provide the service 24 hours a day; vehicle advertising is limited to vehicles used solely for that service.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.180. No agency, public or private, shall advertise or disseminate information to the public that the agency provides EMT-II or EMT-P rescue or ambulance services unless that agency does in fact provide this service on a continuous 24 hours-per-day basis. If advertising or information regarding that agency’s EMT-II or EMT-P rescue or ambulance service appears on any vehicle it may only appear on those vehicles utilized solely to provide that service on a continuous 24 hours-per-day basis. (Added by Stats. 1983, Ch. 1246, Sec. 23.)
  42. 1797.181.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    The authority may make regulations prescribing standardized insignias or emblems for patches that may be attached to the clothing of EMT-I, EMT-II, or EMT-P personnel.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.181. The authority may, by regulation, prescribe standardized insignias or emblems for patches which may be affixed to the clothing of an EMT-I, EMT-II, or EMT-P. (Added by Stats. 1983, Ch. 1246, Sec. 24.)
  43. 1797.182.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    Most ocean, public beach, and public swimming pool lifeguards, and firefighters, must be trained in first aid and CPR, with an initial deadline and ongoing refresher training.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.182. All ocean, public beach, and public swimming pool lifeguards and all firefighters in this state, except those whose duties are primarily clerical or administrative, shall be trained to administer first aid and cardiopulmonary resuscitation. The training shall meet standards prescribed by the authority, and shall be satisfactorily completed by such persons as soon as practical, but in no event more than one year after the date of employment. Satisfactory completion of a refresher course which meets the standards prescribed by the authority in cardiopulmonary resuscitation and other first aid shall be required at least every three years. The authority may designate a public agency or private nonprofit agency to provide for each county the training required by this section. The training shall be provided at no cost to the trainee. As used in this section, “lifeguard” means any regularly employed and paid officer, employee, or member of a public aquatic safety department or marine safety agency of the State of California, a city, county, city and county, district, or other public or municipal corporation or political subdivision of this state. As used in this section, “firefighter” means any regularly employed and paid officer, employee, or member of a fire department or fire protection or firefighting agency of the State of California, a city, county, city and county, district, or other public or municipal corporation or political subdivision of this state or member of an emergency reserve unit of a volunteer fire department or fire protection district. (Added by Stats. 1983, Ch. 1246, Sec. 25.)
  44. 1797.183.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    Certain peace officers must be trained in first aid and CPR.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.183. All peace officers described in Section 13518 of the Penal Code, except those whose duties are primarily clerical or administrative, shall be trained to administer first aid and cardiopulmonary resuscitation (CPR). The training shall meet standards prescribed by the authority, in consultation with the Commission on Peace Officers Standards and Training, and shall be satisfactorily completed by those officers as soon as practical, but in no event more than one year after the date of employment. Satisfactory completion of either refresher training or appropriate testing, which meets the standards of the authority, in cardiopulmonary resuscitation and other first aid, shall be required at periodic intervals as determined by the authority. (Added by Stats. 1983, Ch. 1246, Sec. 26.)
  45. 1797.184.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    The authority must develop and, once approved by the commission, adopt guidelines and regulations for EMT-I and EMT-II certificates and disciplinary processes.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.184. The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt all of the following: (a) Guidelines for disciplinary orders, temporary suspensions, and conditions of probation for EMT-I and EMT-II certificate holders that protects the public health and safety. (b) Regulations for the issuance of EMT-I and EMT-II certificates by a certifying entity that protects the public health and safety. (c) Regulations for the recertification of EMT-I and EMT-II certificate holders that protect the public health and safety. (d) Regulations for disciplinary processes for EMT-I and EMT-II applicants and certificate holders that protect the public health and safety. These disciplinary processes shall be in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2008, Ch. 274, Sec. 10. Effective January 1, 2009.)
  46. 1797.185.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    The authority must set statewide criteria for EMT-P licensure recognition and related standards, and designated fee-collecting entities must send collected fees to the authority within 30 days.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.185. (a) The authority shall establish criteria for the statewide recognition of the licensure of EMT-P personnel in the basic scope of practice of those personnel. The criteria shall include all of the following: (1) Standards for training, testing, and licensure. The standards may include designation by the authority of the specific examinations required for licensure, including, at the option of the authority, an examination provided by the authority. At the option of the authority, the standards may include a requirement for registration of prehospital emergency care personnel with the authority or other entity designated by the authority. (2) Conditions for local accreditation of licensed EMT-P personnel that are reasonable in order to maintain medical control and the integrity of the local EMS system, as determined by the authority and approved by the commission. (3) Provisions for local accreditation in approved optional scope of practice, if any, as allowed by applicable state regulations and statutes. (4) Provisions for the establishment and collection of fees by the appropriate agency, which may be the authority or an entity designated by the authority to collect fees for the authority, for testing, licensure, accreditation, and registration with the appropriate state or local agency in the appropriate scope of practice. All fees collected for the authority in a calendar month by any entity designated by the authority pursuant to this section to collect fees for the authority shall be transmitted to the authority for deposit into the Emergency Medical Services Personnel Fund within 30 calendar days following the last day of the calendar month in which the fees were received by the designated entity. (b) The Paramedic Disciplinary Review Board shall review and revise the criteria for the revocation or suspension of an EMT-P license, the probation of EMT-P personnel, and the appeal of a licensure decision by the authority to the board, so that it is consistent with Section 1797.125.07. The authority shall adopt that criteria, along with the criteria developed pursuant to Section 1797.125.07, pursuant to Section 1797.107. (c) All future regulations for EMT-P personnel adopted by the authority shall, if relevant, include provisions for statewide recognition of licensure or authorization for the scope of practice of those personnel. (Amended by Stats. 2021, Ch. 463, Sec. 4. (AB 450) Effective January 1, 2022.)
  47. 1797.186.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    Eligible EMS personnel are entitled to prophylactic medical treatment after certain contagious-disease exposure during first aid or CPR service.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.186. All persons described in Sections 1797.170, 1797.171, 1797.172, 1797.182, and 1797.183, whether volunteers, partly paid, or fully paid, shall be entitled to prophylactic medical treatment to prevent the onset of disease, provided that the person demonstrates that he or she was exposed, while in the service of the department or unit, to a contagious disease, as listed in Section 2500 of Title 17 of the California Administrative Code, while performing first aid or cardiopulmonary resuscitation services to any person. Medical treatment under this section shall not affect the provisions of Division 4 (commencing with Section 3200) or Division 5 (commencing with Section 6300) of the Labor Code or the person’s right to make a claim for work-related injuries, at the time the contagious disease manifests itself. (Added by Stats. 1985, Ch. 1543, Sec. 1.)
  48. 1797.187.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    An employing agency or local agency must notify a peace officer if the officer is exposed to a known carcinogen during certain investigations or hazardous incidents. The peace officers’ training commission must also add instruction on carcinogenic materials and related safety measures to specified training courses by the stated deadline.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.187. A peace officer as described in Section 830.1, subdivision (a) of Section 830.2, or subdivision (g) of Section 830.3 of the Penal Code, while in the service of the agency or local agency which employs him or her, shall be notified by the agency or local agency if the peace officer is exposed to a known carcinogen, as defined by the International Agency for Research on Cancer, or as defined by its director, during the investigation of any place where any controlled substance, as defined in Section 11007 is suspected of being manufactured, stored, transferred, or sold, or any toxic waste spills, accidents, leaks, explosions, or fires. The Commission on Peace Officers Standards and Training basic training course, and other training courses as the commission determines appropriate, shall include, on or before January 1, 1990, instruction on, but not limited to, the identification and handling of possible carcinogenic materials and the potential health hazards associated with these materials, protective equipment, and clothing available to minimize contamination, handling, and disposing of materials and measures and procedures that can be adopted to minimize exposure to possible hazardous materials. (Amended by Stats. 1998, Ch. 606, Sec. 4. Effective January 1, 1999.)
  49. 1797.188.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    This section requires specific notice and reporting when certain prehospital emergency medical care personnel are exposed to a reportable communicable disease or condition.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.188. (a) As used in this section: (1) “Prehospital emergency medical care person or personnel” means any of the following: an authorized registered nurse or mobile intensive care nurse, emergency medical technician-I, emergency medical technician-II, emergency medical technician-paramedic, lifeguard, firefighter, or peace officer, as defined or described by Sections 1797.56, 1797.80, 1797.82, 1797.84, 1797.182, and 1797.183, respectively, or a physician and surgeon who provides prehospital emergency medical care or rescue services. (2) “Reportable communicable disease or condition” or “a communicable disease or condition listed as reportable” means those diseases prescribed by Subchapter 1 (commencing with Section 2500) of Chapter 4 of Title 17 of the California Code of Regulations, as may be amended from time to time. (3) “Exposed” means at risk for contracting the disease, as defined by regulations of the state department. (4) “Health facility” means a health facility, as defined in Section 1250, including a publicly operated facility. (5) “Health facility infection control officer” means the official or officer who has been designated by the health facility to communicate with a designated officer, or his or her designee. (6) “Designated officer” means the official or officer of an employer of a prehospital emergency medical care person or personnel who has been designated by the state’s public health officer or the employer. (7) “Urgency reporting requirement” means a disease required to be reported immediately by telephone or reported by telephone within one working day pursuant to subdivisions (h) and (i) of Section 2500 of Title 17 of the California Code of Regulations. (b) In addition to the communicable disease testing and notification procedures applicable under Chapter 3.5 (commencing with Section 120260) of Part 1 of Division 105, all prehospital emergency medical care personnel, whether volunteers, partly paid, or fully paid, who have provided emergency medical or rescue services and have been exposed to a person afflicted with a communicable disease or condition listed as reportable, which can, as determined by the county health officer, be transmitted through physical or oral contact or secretions of the body, including blood, shall be notified that they have been exposed to the disease or condition in accordance with the following: (1) If the prehospital emergency medical care person, who has rendered emergency medical or rescue services and believes that he or she may have been exposed to a person afflicted with a reportable communicable disease or condition in a manner that could result in transmission of a reportable communicable disease or condition, and provides the health facility infection control officer with his or her name and telephone number at the time the patient is transferred from that prehospital emergency medical care person to the admitting health facility; or the party transporting the person afflicted with the reportable communicable disease or condition provides that health facility with the name and telephone number of the prehospital emergency medical care person who provided the emergency medical or rescue services and believes he or she may have been exposed to a person afflicted with a reportable communicable disease or condition in a manner that could result in transmission of a communicable disease or condition, the health facility infection control officer, upon determining that the person to whom the prehospital emergency medical care person provided the emergency medical or rescue services is diagnosed as being afflicted with a reportable communicable disease or condition, and that the reportable communicable disease or condition may have been transmitted during the provision of emergency medical or rescue services, shall immediately notify the designated officer of the prehospital emergency medical care person if the reportable communicable disease or condition has an urgency reporting requirement on the list of reportable diseases or conditions, or if the conditions of the exposure may have included direct contact between the unprotected skin, eyes, or mucous membranes of the prehospital emergency medical care person and the blood of the person afflicted with the reportable communicable disease or condition. Otherwise, the health facility infection control officer shall notify the designated officer consistent with Section 2500 of Title 17 of the California Code of Regulations. The health facility infection control officer shall also report the name and telephone number of the prehospital emergency medical care person to the county health officer. The designated officer shall immediately notify the prehospital emergency medical care person if the reportable communicable disease or condition has an urgency reporting requirement on the list of reportable diseases or conditions, or if the conditions of the exposure may have included direct contact between the unprotected skin, eyes, or mucous membranes of the prehospital emergency medical care person and the blood of the person afflicted with the reportable communicable disease or condition. Otherwise, the designated officer shall notify the prehospital emergency medical care person consistent with Section 2500 of Title 17 of the California Code of Regulations. (2) If the prehospital emergency medical care person who has rendered emergency medical or rescue services and has been exposed to a person afflicted with a reportable communicable disease or condition, but has not provided the health facility infection control officer with his or her name and telephone number pursuant to paragraph (1), the health facility infection control officer, upon determining that the person to whom the prehospital emergency medical care person provided the emergency medical or rescue services is diagnosed as being afflicted with a reportable communicable disease or condition that may have been transmitted during provision of emergency medical or rescue services, shall immediately notify the designated officer of the employer of the prehospital emergency medical care person and the county health officer if the reportable communicable disease or condition has an urgency reporting requirement on the list of reportable diseases or conditions, or if the conditions of the exposure may have included direct contact between the unprotected skin, eyes, or mucous membranes of the prehospital emergency medical care person and the blood of the person afflicted with the reportable communicable disease or condition. Otherwise, the health facility infection control officer shall notify the designated officer consistent with Section 2500 of Title 17 of the California Code of Regulations. The designated officer shall immediately notify the prehospital emergency medical care person if the reportable communicable disease or condition has an urgency reporting requirement on the list of reportable diseases or conditions, or if the conditions of the exposure may have included direct contact between the unprotected skin, eyes, or mucous membranes of the prehospital emergency medical care person and the blood of the person afflicted with the reportable communicable disease or condition. Otherwise, the designated officer shall notify the prehospital emergency medical care person consistent with Section 2500 of Title 17 of the California Code of Regulations. (c) The county health officer shall immediately notify the prehospital emergency medical care person who has provided emergency medical or rescue services and has been exposed to a person afflicted with a communicable disease or condition listed as reportable, which can, as determined by the county health officer, be transmitted through oral contact or secretions of the body, including blood, if the reportable communicable disease or condition has an urgency reporting requirement on the list of reportable diseases or conditions, or if the conditions of the exposure may have included direct contact between the unprotected skin, eyes, or mucous membranes of the prehospital emergency medical care person and the blood of the person afflicted with the reportable communicable disease or condition, upon receiving the report from a health facility pursuant to paragraph (1) of subdivision (b). Otherwise, the county health officer shall notify the prehospital emergency medical care person consistent with Section 2500 of Title 17 of the California Code of Regulations. The county health officer shall not disclose the name of the patient or other identifying characteristics to the prehospital emergency medical care person. (d) An employer of a prehospital emergency medical care person or personnel that maintains an Internet Web site shall post the title and telephone number of the designated officer in a conspicuous location on its Internet Web site accessible from the home page. A health facility that maintains an Internet Web site shall post the title and telephone number of the health facility infection control officer in a conspicuous location on its Internet Web site accessible from the home page. (e) (1) The health facility infection control officer, or his or her designee, shall be available either onsite or on call 24 hours per day. (2) The designated officer, or his or her designee, shall be available either onsite or on call 24 hours per day. (f) An employer of a health facility infection control officer and an employer of a prehospital emergency medical care person or personnel shall inform those employees of this law as part of the Cal-OSHA Injury and Illness Prevention Program training required by paragraph (7) of subdivision (a) of Section 3203 of Title 8 of the California Code of Regulations. (g) Nothing in this section shall be construed to authorize the further disclosure of confidential medical information by the health facility, the designated officer, or any prehospital emergency medical care personnel described in this section except as otherwise authorized by law. (h) In the event of the demise of the person afflicted with the reportable communicable disease or condition, the health facility or county health officer shall notify the funeral director, charged with removing the decedent from the health facility, of the reportable communicable disease or condition prior to the release of the decedent from the health facility to the funeral director. (i) Notwithstanding Section 1798.206, a violation of this section is not a misdemeanor. (Amended by Stats. 2018, Ch. 424, Sec. 4. (SB 1495) Effective January 1, 2019.)
  50. 1797.189.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    This section defines key terms and requires notice to exposed emergency medical personnel and a funeral director in reportable disease cases.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.189. (a) As used in this section: (1) “Chief medical examiner-coroner” means the chief medical examiner or the coroner as referred to in subdivision (m) of Section 24000, Section 24010, subdivisions (k), (m), and (n) of Section 24300, subdivisions (k), (m), and (n) of Section 24304, and Sections 27460 to 27530, inclusive, of the Government Code, and Section 102850. (2) “Prehospital emergency medical care person or personnel” means any of the following: authorized registered nurse or mobile intensive care nurse, emergency medical technician-I, emergency medical technician-II, emergency medical technician-paramedic, lifeguard, firefighter, or peace officer, as defined or described by Sections 1797.56, 1797.80, 1797.82, 1797.84, 1797.182, and 1797.183, respectively, or a physician and surgeon who provides prehospital emergency medical care or rescue services. (3) “Reportable disease or condition” or “a disease or condition listed as reportable” means those diseases specified in Subchapter 1 (commencing with Section 2500) of Chapter 4 of Title 17 of the California Administrative Code, as may be amended from time to time. (4) “Exposed” means at risk for contracting a disease, as defined by regulations of the state department. (5) “Health facility” means a health facility, as defined in Section 1250, including a publicly operated facility. (b) Any prehospital emergency medical care personnel, whether volunteers, partly paid, or fully paid who have provided emergency medical or rescue services and have been exposed to a person afflicted with a disease or condition listed as reportable, that can, as determined by the county health officer, be transmitted through oral contact or secretions of the body, including blood, shall be notified that they have been exposed to the disease and should contact the county health officer if all of the following conditions are met: (1) The prehospital emergency medical care person, who has rendered emergency medical or rescue services and has been exposed to a person afflicted with a reportable disease or condition, provides the chief medical examiner-coroner with his or her name and telephone number at the time the patient is transferred from that prehospital medical care person to the chief medical examiner-coroner; or the party transporting the person afflicted with the reportable disease or condition provides that chief medical examiner-coroner with the name and telephone number of the prehospital emergency medical care person who provided the emergency medical or rescue services. (2) The chief medical examiner-coroner reports the name and telephone number of the prehospital emergency medical care person to the county health officer upon determining that the person to whom the prehospital emergency medical care person provided the emergency medical or rescue services is diagnosed as being afflicted with a reportable disease or condition. (c) The county health officer shall immediately notify the prehospital emergency medical care person who has provided emergency medical or rescue services and has been exposed to a person afflicted with a disease or condition listed as reportable, that can, as determined by the county health officer, be transmitted through oral contact or secretions of the body, including blood, upon receiving the report from a health facility pursuant to paragraph (1) of subdivision (b). The county health officer shall not disclose the name of the patient or other identifying characteristics to the prehospital emergency medical care person. Nothing in this section shall be construed to authorize the further disclosure of confidential medical information by the chief medical examiner-coroner or any of the prehospital emergency medical care personnel described in this section except as otherwise authorized by law. The chief medical examiner-coroner, or the county health officer shall notify the funeral director, charged with removing or receiving the decedent afflicted with a reportable disease or condition from the chief medical examiner-coroner, of the reportable disease prior to the release of the decedent from the chief medical examiner-coroner to the funeral director. Notwithstanding Section 1798.206, violation of this section is not a misdemeanor. (Amended by Stats. 1996, Ch. 1023, Sec. 173. Effective September 29, 1996.)
  51. 1797.190.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    The authority may set minimum standards for training and using automatic external defibrillators.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.190. The authority may establish minimum standards for the training and use of automatic external defibrillators. (Amended by Stats. 2002, Ch. 718, Sec. 2. Effective January 1, 2003.)
  52. 1797.191.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    The authority must set training standards and review/approval processes for certain pediatric first aid, CPR, and preventive health programs, and can charge fees tied to its costs.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.191. (a) The authority shall establish minimum standards for the training in pediatric first aid, pediatric cardiopulmonary resuscitation (CPR), and preventive health practices required by Section 1596.866. (b) (1) The authority shall establish a process for the ongoing review and approval of training programs in pediatric first aid, pediatric CPR, and preventive health practices as specified in paragraph (2) of subdivision (a) of Section 1596.866 to ensure that those programs meet the minimum standards established pursuant to subdivision (a). The authority shall charge fees equal to its costs incurred for the pediatric first aid and pediatric CPR training standards program and for the ongoing review and approval of these programs. (2) The authority shall establish, in consultation with experts in pediatric first aid, pediatric CPR, and preventive health practices, a process to ensure the quality of the training programs, including, but not limited to, a method for assessing the appropriateness of the courses and the qualifications of the instructors. (c) (1) The authority may charge a fee equal to its costs incurred for the preventive health practices program and for the initial review and approval and renewal of approval of the program. (2) If the authority chooses to establish a fee process based on the use of course completion cards for the preventive health practices program, the cost shall not exceed seven dollars ($7) per card for each training participant until January 1, 2001, at which time the authority may evaluate its administrative costs. After evaluation of the costs, the authority may establish a new fee scale for the cards so that revenue does not exceed the costs of the ongoing review and approval of the preventive health practices training. (d) For the purposes of this section, “training programs” means programs that apply for approval by the authority to provide the training in pediatric first aid, pediatric CPR, or preventive health practices as specified in paragraph (2) of subdivision (a) of Section 1596.866. Training programs include all affiliated programs that also provide any of the authority-approved training required by this division. “Affiliated programs” means programs that are overseen by persons or organizations that have an authority-approved training program in pediatric first aid, pediatric CPR, or preventive health practices. Affiliated programs also include programs that have purchased an authority-approved training program in pediatric first aid, pediatric CPR, or preventive health practices. Training programs and their affiliated programs shall comply with this division and with the regulations adopted by the authority pertaining to training programs in pediatric first aid, pediatric CPR, or preventive health practices. (e) The director of the authority may, in accordance with regulations adopted by the authority, deny, suspend, or revoke any approval issued under this division or may place any approved program on probation, upon the finding by the director of the authority of an imminent threat to the public health and safety as evidenced by the occurrence of any of the actions listed in subdivision (f). (f) Any of the following actions shall be considered evidence of a threat to the public health and safety, and may result in the denial, suspension, probation, or revocation of a program’s approval or application for approval pursuant to this division. (1) Fraud. (2) Incompetence. (3) The commission of any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, and duties of training program directors and instructors. (4) Conviction of any crime that is substantially related to the qualifications, functions, and duties of training program directors and instructors. The record of conviction or a certified copy of the record shall be conclusive evidence of the conviction. (5) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, this division or the regulations promulgated by the authority pertaining to the review and approval of training programs in pediatric first aid, pediatric CPR, and preventive health practices as specified in paragraph (2) of subdivision (a) of Section 1596.866. (g) In order to ensure that adequate qualified training programs are available to provide training in the preventive health practices course to all persons who are required to have that training, the authority may, after approval of the Commission on Emergency Medical Services pursuant to Section 1799.50, establish temporary standards for training programs for use until permanent standards are adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (h) Persons who, prior to the date on which the amendments to this section enacted in 1998 become operative, have completed a course or courses in preventive health practices as specified in subparagraph (C) of paragraph (2) of subdivision (a) of Section 1596.866, and have a certificate of completion card for a course or courses in preventive health practices, or certified copies of transcripts that identify the number of hours and the specific course or courses taken for training in preventive health practices shall be deemed to have met the requirement for training in preventive health practices. (Amended by Stats. 1999, Ch. 83, Sec. 106. Effective January 1, 2000.)
  53. 1797.192.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    The authority must adopt statewide EMT-P scope-of-practice standards by July 1, 1991, and local EMS systems do not have to use the entire standard scope.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.192. On or before July 1, 1991, the authority shall adopt standards for a standard statewide scope of practice which shall be utilized for the training and certification testing of EMT-P personnel for certification as EMT-P's. Local EMS systems shall not be required to utilize the entire standard scope of practice. Testing of EMT-P personnel for local accreditation to practice shall only include local operational policies and procedures, and drug, device, or treatment procedures being utilized within that local EMS system pursuant to Sections 1797.172 and 1797.221. (Added by Stats. 1989, Ch. 1362, Sec. 8. Effective October 2, 1989.)
  54. 1797.193.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    Firefighters must complete training on sudden infant death syndrome, and local agencies that provide the instruction must charge a fee that covers the full cost.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.193. (a) By July 1, 1992, existing firefighters in this state shall complete a course on the nature of sudden infant death syndrome taught by experts in the field of sudden infant death syndrome. All persons who become firefighters after January 1, 1990, shall complete a course on this topic as part of their basic training as firefighters. The course shall include information on the community resources available to assist families who have lost children to sudden infant death syndrome. (b) For purposes of this section, the term “firefighter” has the same meaning as that specified in Section 1797.182. (c) When the instruction and training are provided by a local agency, a fee shall be charged sufficient to defray the entire cost of the instruction and training. (Added by renumbering Section 1797.192 (as added by Stats. 1989, Ch. 1111) by Stats. 1990, Ch. 216, Sec. 61.)
  55. 1797.194.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    This section establishes state licensure for EMT-P personnel and sets rules for renewal, discipline, and the limits of the section’s effect on local EMS authority.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.194. The purpose of this section is to provide for the state licensure of EMT-P personnel. Notwithstanding any provision of law, including, but not limited to, Sections 1797.208 and 1797.214, all of the following applies to EMT-P personnel: (a) Any reference to EMT-P certification pursuant to this division shall be equivalent to EMT-P licensure pursuant to this division, including a provision in this division relating to the assessment of fees. (b) The statewide examination designated by the authority for licensure of EMT-P personnel and the licensure issued by the authority shall be the single sufficient examination and licensure required for practice as an EMT-P. (c) EMT-P licenses shall be renewed every two years upon submission to the authority of proof of satisfactory completion of continuing education or other educational requirements established by regulations of the authority, upon approval by the commission. If the evaluation and recommendations of the authority required pursuant to Section 8 of Chapter 997 of the Statutes of 1993, so concludes, the renewal of EMT-P licenses shall, in addition to continuing education requirements, be contingent upon reexamination at 10-year intervals to ensure competency. (d) An EMT-P licensee may be disciplined by the authority for violations of this division. The proceedings under this subdivision shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the authority shall have all the powers granted therein for this purpose. On and after January 1, 2023, the Paramedic Disciplinary Review Board may act on appeals of licensure discipline and denial, pursuant to Article 2.5 (commencing with Section 1797.125). (e) This section does not extend the scope of practice of an EMT-P beyond prehospital settings, as defined by regulations of the authority. (f) This section does not alter or interfere with the local EMS agency’s ability to locally accredit licensed EMT-Ps. (g) This section does not hinder the ability of the medical director of the local EMS agency to maintain medical control within the local EMS system in accordance with this division, including, but not limited to, Chapter 5 (commencing with Section 1798). (Amended by Stats. 2021, Ch. 463, Sec. 5. (AB 450) Effective January 1, 2022.)
  56. 1797.195.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    EMT-I, EMT-II, and EMT-P personnel may provide emergency medical care in the emergency department of a qualifying small and rural hospital if the listed supervision, training, protocol, and population conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.195. (a) Notwithstanding any other provision of law to the contrary, an EMT-I, EMT-II, or EMT-P may provide emergency medical care pursuant to this section in the emergency department of a hospital that meets the definition of small and rural hospital pursuant to Section 1188.855, except that in the case of a hospital meeting the definition contained in Section 1188.855 the population of the incorporated place or census designated place where the hospital is located shall not have increased to more than 20,000 since 1980, and all of the following conditions are met: (1) The EMT-I, EMT-II, or EMT-P is on duty as a prehospital emergency medical care provider. (2) The EMT-I, EMT-II, or EMT-P shall function under direct supervision as defined in hospital protocols that have been issued pursuant to paragraph (3), and only where the physician and surgeon or the registered nurse determines that the emergency department is faced with a patient crisis, and that the services of the EMT-I, EMT-II, or EMT-P are necessary to temporarily meet the health care needs of the patients in the emergency department. (3) The utilization of an EMT-I, EMT-II, or EMT-P in the emergency department is done pursuant to hospital protocols that have been developed by the hospital’s nursing staff, the physician and surgeon medical director of the emergency department, and the administration of the hospital, with the approval of the medical staff, and that shall include at least all of the following: (A) A requirement that the EMT-I, EMT-II, or EMT-P successfully complete a hospital training program on the protocols and procedures of the hospital emergency department. The program shall include, but not be limited to, features of the protocols for which the EMT-I, EMT-II, or EMT-P has not previously received training and a postprogram evaluation. (B) A requirement that the EMT-I, EMT-II, or EMT-P annually demonstrates and documents to the hospital competency in the emergency department procedures. (C) The emergency medical care to be provided in the emergency department by the EMT-I, EMT-II, or EMT-P shall be set forth or referenced in the protocols and shall be limited to that which is otherwise authorized by their certification or licensure as defined in statute or regulation. The protocols shall not include patient assessment in this setting, except when the assessment is directly related to the specific task the EMT-I, EMT-II, and EMT-P is performing. (D) A process for continuity of patient care when the EMT-I, EMT-II, or EMT-P is called to an off-site emergency situation. (E) Procedures for the supervision of the EMT-I, EMT-II, or EMT-P. (4) The protocols for utilization of an EMT-I, EMT-II, or EMT-P in the emergency department are developed in consultation with the medical director of the local EMS agency and the emergency medical care committee, if a committee has been formed. (5) A written contract shall be in effect relative to the services provided pursuant to this section, between the ambulance company and the hospital, where the EMT-I, EMT-II, or EMT-P is employed by an ambulance company that is not owned by the hospital. (b) When services of emergency personnel are called upon pursuant to this section, responsibility for the medical direction of the EMT-I, EMT-II, or EMT-P rests with the hospital, pursuant to the hospital protocols as set forth in paragraph (3) of subdivision (a). (c) Although this section authorizes the provision of services in an emergency department of certain small and rural hospitals, nothing in this section is intended to expand or restrict the types of services or care to be provided by EMT-I, EMT-II, or EMT-P pursuant to this article. (Added by Stats. 1995, Ch. 239, Sec. 2. Effective January 1, 1996.)
  57. 1797.196.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    People or entities that acquire an AED must follow placement, notice, maintenance, testing, inspection, and recordkeeping rules.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.196. (a) For purposes of this section, “AED” or “defibrillator” means an automated external defibrillator. (b) (1) In order to ensure public safety, a person or entity that acquires an AED shall do all of the following: (A) Comply with all regulations governing the placement of an AED. (B) Notify an agent of the local EMS agency of the existence, location, and type of AED acquired. (C) Ensure that the AED is maintained and tested according to the operation and maintenance guidelines set forth by the manufacturer. (D) Ensure that the AED is tested at least biannually and after each use. (E) Ensure that an inspection is made of all AEDs on the premises at least every 90 days for potential issues related to operability of the device, including a blinking light or other obvious defect that may suggest tampering or that another problem has arisen with the functionality of the AED. (F) Ensure that records of the maintenance and testing required pursuant to this paragraph are maintained. (2) When an AED is placed in a building, the building owner shall do all of the following: (A) At least once a year, notify the tenants as to the location of the AED units and provide information to tenants about who they can contact if they want to voluntarily take AED or CPR training. (B) At least once a year, offer a demonstration to at least one person associated with the building so that the person can be walked through how to use an AED properly in an emergency. The building owner may arrange for the demonstration or partner with a nonprofit organization to do so. (C) Next to the AED, post instructions, in no less than 14-point type, on how to use the AED. (3) A medical director or other physician and surgeon is not required to be involved in the acquisition or placement of an AED. (c) (1) When an AED is placed in a public or private K–12 school, the principal shall ensure that the school administrators and staff annually receive information that describes sudden cardiac arrest, the school’s emergency response plan, and the proper use of an AED. The principal shall also ensure that instructions, in no less than 14-point type, on how to use the AED are posted next to every AED. The principal shall, at least annually, notify school employees as to the location of all AED units on the campus. (2) When an AED is placed in a public or private school serving grades 6 to 12, inclusive, the principal shall, at least annually, notify pupils as to the location of all AED units on the campus. (3) This section does not prohibit a school employee or other person from rendering aid with an AED. (d) A manufacturer or retailer supplying an AED shall provide to the acquirer of the AED all information governing the use, installation, operation, training, and maintenance of the AED. (e) A violation of this section is not subject to penalties pursuant to Section 1798.206. (f) Nothing in this section or Section 1714.21 of the Civil Code may be construed to require a building owner or a building manager to acquire and have installed an AED in any building. (g) For purposes of this section, “local EMS agency” means an agency established pursuant to Section 1797.200. (h) This section does not apply to facilities licensed pursuant to subdivision (a), (b), (c), or (f) of Section 1250. (Amended by Stats. 2024, Ch. 19, Sec. 1. (AB 3262) Effective January 1, 2025.)
  58. 1797.197.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    The authority must create and publish training and standards for prehospital emergency medical care personnel on anaphylactic reactions, epinephrine, naloxone hydrochloride, and other opioid antagonists, and a local EMS medical director may approve or run a trial study of naloxone use.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.197. (a) The authority shall establish training and standards for all prehospital emergency medical care personnel, as defined in paragraph (2) of subdivision (a) of Section 1797.189, regarding the characteristics and method of assessment and treatment of anaphylactic reactions and the use of epinephrine. The authority shall promulgate regulations regarding these matters for use by all prehospital emergency medical care personnel. (b) (1) The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt training and standards for all prehospital emergency medical care personnel, as defined in paragraph (2) of subdivision (a) of Section 1797.189, regarding the use and administration of naloxone hydrochloride and other opioid antagonists. The authority shall promulgate regulations regarding these matters for use by all prehospital emergency medical care personnel. The authority may adopt existing training and standards for prehospital emergency medical care personnel regarding the statewide use and administration of naloxone hydrochloride or another opioid antagonist to satisfy the requirements of this section. (2) The medical director of a local EMS agency may, pursuant to Section 1797.221, approve or conduct a trial study of the use and administration of naloxone hydrochloride or other opioid antagonists by any level of prehospital emergency medical care personnel. Training received by prehospital emergency medical care personnel specific to the use and administration of naloxone hydrochloride or another opioid antagonist during this trial study may be used towards satisfying the training requirements established pursuant to paragraph (1) regarding the use and administration of naloxone hydrochloride and other opioid antagonists by prehospital emergency medical care personnel. (Amended by Stats. 2025, Ch. 569, Sec. 2. (AB 1037) Effective January 1, 2026.)
  59. 1797.197a

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. )

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    This section lets trained prehospital emergency medical care persons and lay rescuers use epinephrine auto-injectors in emergencies if specific conditions are met, and it requires training approval, reporting, and fee administration by the authority.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3. State Administration [1797.100 - 1797.197a] ( Chapter 3 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 5. Personnel [1797.160 - 1797.197a] ( Article 5 added by Stats. 1980, Ch. 1260. ) ## 1797.197a. (a) For purposes of this section, the following definitions shall apply: (1) “Anaphylaxis” means a potentially life-threatening hypersensitivity or allergic reaction to a substance. (A) Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma. (B) Causes of anaphylaxis may include, but are not limited to, insect stings or bites, foods, drugs, and other allergens, as well as idiopathic or exercise-induced anaphylaxis. (2) “Authorized entity” means any for-profit, nonprofit, or government entity or organization that employs at least one person or utilizes at least one volunteer or agent that has voluntarily completed a training course as described in subdivision (c). (3) “Epinephrine auto-injector” means a disposable delivery device designed for the automatic injection of a premeasured dose of epinephrine into the human body to prevent or treat a life-threatening allergic reaction. (4) “Lay rescuer” means any person who has met the training standards and other requirements of this section but who is not otherwise licensed or certified to use an epinephrine auto-injector on another person. (5) “Prehospital emergency medical care person” has the same meaning as defined in paragraph (2) of subdivision (a) of Section 1797.189. (b) A prehospital emergency medical care person or lay rescuer may use an epinephrine auto-injector to render emergency care to another person if all of the following requirements are met: (1) The epinephrine auto-injector is legally obtained by prescription from an authorized health care provider or from an authorized entity that acquired the epinephrine auto-injector pursuant to subdivision (e). (2) The epinephrine auto-injector is used on another, with the expressed or implied consent of that person, to treat anaphylaxis. (3) The epinephrine auto-injector is stored and maintained as directed by the manufacturer’s instructions for that product. (4) The person using the epinephrine auto-injector has successfully completed a course of training with an authorized training provider, as described in subdivision (c), and has current certification of training issued by the provider. (5) The epinephrine auto-injectors obtained by prehospital emergency medical care personnel pursuant to Section 4119.3 of the Business and Professions Code shall be used only when functioning outside the course of the person’s occupational duties, or as a volunteer, pursuant to this section. (6) The Emergency Medical Services System is activated as soon as practicable when an epinephrine auto-injector is used. (c) (1) The authorized training providers shall be approved, and the minimum standards for training and the use and administration of epinephrine auto-injectors pursuant to this section shall be established and approved, by the authority. The authority may designate existing training standards for the use and administration of epinephrine auto-injectors by prehospital emergency medical care personnel to satisfy the requirements of this section. (2) The minimum training and requirements shall include all of the following components: (A) Techniques for recognizing circumstances, signs, and symptoms of anaphylaxis. (B) Standards and procedures for proper storage and emergency use of epinephrine auto-injectors. (C) Emergency followup procedures, including activation of the Emergency Medical Services System, by calling the emergency 911 telephone number or otherwise alerting and summoning more advanced medical personnel and services. (D) Compliance with all regulations governing the training, indications, use, and precautions concerning epinephrine auto-injectors. (E) Written material covering the information required under this provision, including the manufacturer product information sheets on commonly available models of epinephrine auto-injectors. (F) Completion of a training course in cardiopulmonary resuscitation and the use of an automatic external defibrillator (AED) for infants, children, and adults that complies with regulations adopted by the authority and the standards of the American Heart Association or the American Red Cross, and a current certification for that training. (3) Training certification shall be valid for no more than two years, after which recertification with an authorized training provider is required. (4) The director may, in accordance with regulations adopted by the authority, deny, suspend, or revoke any approval issued under this subdivision or may place any approved training provider on probation upon a finding by the director of an imminent threat to public health and safety, as evidenced by any of the following: (A) Fraud. (B) Incompetence. (C) The commission of any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, or duties of training program directors or instructors. (D) Conviction of any crime that is substantially related to the qualifications, functions, or duties of training program directors or instructors. The record of conviction or a certified copy of the record shall be conclusive evidence of the conviction. (E) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this section or the regulations promulgated by the authority pertaining to the review and approval of training programs in anaphylaxis and the use and administration of epinephrine auto-injectors, as described in this subdivision. (d) (1) The authority shall assess a fee pursuant to regulation sufficient to cover the reasonable costs incurred by the authority for the ongoing review and approval of training and certification under subdivision (c). (2) The fees shall be deposited in the Specialized First Aid Training Program Approval Fund, which is hereby created in the State Treasury. All moneys deposited in the fund shall be made available, upon appropriation, to the authority for purposes described in paragraph (1). (3) The authority may transfer unused portions of the Specialized First Aid Training Program Approval Fund to the Surplus Money Investment Fund. Funds transferred to the Surplus Money Investment Fund shall be placed in a separate trust account, and shall be available for transfer to the Specialized First Aid Training Program Approval Fund, together with the interest earned, when requested by the authority. (4) The authority shall maintain a reserve balance in the Specialized First Aid Training Program Approval Fund of 5 percent of annual revenues. Any increase in the fees deposited in the Specialized First Aid Training Program Approval Fund shall be effective upon determination by the authority that additional moneys are required to fund expenditures pursuant to subdivision (c). (e) (1) An authorized health care provider may issue a prescription for an epinephrine auto-injector to a prehospital emergency medical care person or a lay rescuer for the purpose of rendering emergency care to another person upon presentation of a current epinephrine auto-injector certification card issued by the authority demonstrating that the person is trained and qualified to administer an epinephrine auto-injector pursuant to this section or any other law. (2) An authorized health care provider may issue a prescription for an epinephrine auto-injector to an authorized entity if the authorized entity submits evidence it employs at least one person, or utilizes at least one volunteer or agent, who is trained and has a current epinephrine auto-injector certification card issued by the authority demonstrating that the person is qualified to administer an epinephrine auto-injector pursuant to this section. (f) An authorized entity that possesses and makes available epinephrine auto-injectors shall do both of the following: (1) Create and maintain on its premises an operations plan that includes all of the following: (A) The name and contact number for the authorized health care provider who prescribed the epinephrine auto-injector. (B) Where and how the epinephrine auto-injector will be stored. (C) The names of the designated employees or agents who have completed the training program required by this section and who are authorized to administer the epinephrine auto-injector. (D) How and when the epinephrine auto-injector will be inspected for an expiration date. (E) The process to replace the expired epinephrine auto-injector, including the proper disposal of the expired epinephrine auto-injector or used epinephrine auto-injector in a sharps container. (2) Submit to the authority, in a manner identified by the authority, a report of each incident that involves the use of an epinephrine auto-injector, not more than 30 days after each use. The authority shall annually publish a report that summarizes all reports submitted to it under this subdivision. (g) This section does not apply to a school district or county office of education, or its personnel, that provides and utilizes epinephrine auto-injectors to provide emergency medical aid pursuant to Section 49414 of the Education Code. (h) This section shall not be construed to limit or restrict the ability of prehospital emergency medical care personnel, under any other statute or regulation, to administer epinephrine, including the use of epinephrine auto-injectors, or to require additional training or certification beyond what is already required under the other statute or regulation. (Amended by Stats. 2017, Ch. 561, Sec. 109. (AB 1516) Effective January 1, 2018.)
  60. 1797.198.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3.75. Trauma Care Fund [1797.198 - 1797.199] ( Chapter 3.75 added by Stats. 2001, Ch. 171, Sec. 2.5. )

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    This section says trauma care is an essential public service and states the Legislature’s intent to promote access to trauma care through EMS agency-designated trauma centers.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3.75. Trauma Care Fund [1797.198 - 1797.199] ( Chapter 3.75 added by Stats. 2001, Ch. 171, Sec. 2.5. ) ## 1797.198. The Legislature finds and declares all of the following: (a) Trauma care is an essential public service. It is as vital to the safety of the public as the services provided by law enforcement and fire departments. In communities with access to trauma centers, mortality and morbidity rates from traumatic injuries are significantly reduced. For the same reasons that each community in California needs timely access to the services of skilled police, paramedics, and fire personnel, each community needs access to the services provided by certified trauma centers. (b) Trauma centers save lives by providing immediate coordination of highly specialized care for the most life-threatening injuries. (c) Trauma centers save lives, and also save money, because access to trauma care can mean the difference between full recovery from a traumatic injury, and serious disability necessitating expensive long-term care. (d) Trauma centers do their job most effectively as part of a system that includes a local plan with a means of immediately identifying trauma cases and transporting those patients to the nearest trauma center. (e) It is essential for persons in need of trauma care to receive that care within the 60-minute period immediately following injury. It is during this period, referred to as the “golden hour,” when the potential for survival is greatest, and the need for treatment for shock or injury is most critical. (f) It is the intent of the Legislature in enacting this act to promote access to trauma care by ensuring the availability of services through EMS agency-designated trauma centers. (Amended by Stats. 2005, Ch. 80, Sec. 1.1. Effective July 19, 2005.)
  61. 1797.199.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3.75. Trauma Care Fund [1797.198 - 1797.199] ( Chapter 3.75 added by Stats. 2001, Ch. 171, Sec. 2.5. )

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    This section creates the Trauma Care Fund and requires the authority and local EMS agencies to follow a detailed funding, reporting, and distribution process for trauma-center grants.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 3.75. Trauma Care Fund [1797.198 - 1797.199] ( Chapter 3.75 added by Stats. 2001, Ch. 171, Sec. 2.5. ) ## 1797.199. (a) There is hereby created in the State Treasury, the Trauma Care Fund, which, notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years to the authority for the purposes specified in subdivision (c). (b) The fund shall contain any moneys deposited in the fund pursuant to appropriation by the Legislature or from any other source, as well as, notwithstanding Section 16305.7 of the Government Code, any interest and dividends earned on moneys in the fund. (c) Moneys in the fund shall be expended by the authority to provide for allocations to local EMS agencies, for distribution to local EMS agency-designated trauma centers provided for by this chapter. (d) Within 30 days of the effective date of the enactment of an appropriation for purposes of implementing this chapter, the authority shall request all local EMS agencies with an approved trauma plan, that includes at least one designated trauma center, to submit within 45 days of the request the total number of trauma patients and the number of trauma patients at each facility that were reported to the local trauma registry for the most recent fiscal year for which data are available, pursuant to Section 100257 of Title 22 of the California Code of Regulations. However, the local EMS agency’s report shall not include any registry entry that is in reference to a patient who is discharged from the trauma center’s emergency department without being admitted to the hospital unless the nonadmission is due to the patient’s death or transfer to another facility. Any local EMS agency that fails to provide these data shall not receive funding pursuant to this section. (e) Except as provided in subdivision (m), the authority shall distribute all funds to local EMS agencies with an approved trauma plan that includes at least one designated trauma center in the local EMS agency’s jurisdiction as of July 1 of the fiscal year in which funds are to be distributed. (1) The amount provided to each local EMS agency shall be in the same proportion as the total number of trauma patients reported to the local trauma registry for each local EMS agency’s area of jurisdiction compared to the total number of all trauma patients statewide as reported under subdivision (d). (2) The authority shall send a contract to each local EMS agency that is to receive funds within 30 days of receiving the required data and shall distribute the funds to a local EMS agency within 30 days of receiving a signed contract and invoice from the agency. (f) Local EMS agencies that receive funding under this chapter shall distribute all those funds to eligible trauma centers, except that an agency may expend 1 percent for administration. It is the intent of the Legislature that the funds distributed to eligible trauma centers be spent on trauma services. The funds shall not be used to supplant existing funds designated for trauma services or for training ordinarily provided by the trauma hospital. The local EMS agency shall utilize a competitive grant-based system. All grant proposals shall demonstrate that funding is needed because the trauma center cares for a high percentage of uninsured patients. Local EMS agencies shall determine distribution of funds based on whether the grant proposal satisfies one or more of the following criteria: (1) The preservation or restoration of specialty physician and surgeon oncall coverage that is demonstrated to be essential for trauma services within a specified hospital. (2) The acquisition of equipment that is demonstrated to be essential for trauma services within a specified hospital. (3) The creation of overflow or surge capacity to allow a trauma hospital to respond to mass casualties resulting from an act of terrorism or natural disaster. (4) The coordination or payment of emergency, nonemergency, and critical care ambulance transportation that would allow for the time-urgent movement or transfer of critically injured patients to trauma centers outside of the originating region so that specialty services or a higher level of care may be provided as necessary without undue delay. (g) A trauma center shall be eligible for funding under this section if it is designated as a trauma center by a local EMS agency pursuant to Section 1798.165 and complies with the requirements of this section. Both public and private hospitals designated as trauma centers shall be eligible for funding. (h) A trauma center that receives funding under this section shall agree to remain a trauma center through June 30 of the fiscal year in which it receives funding. If the trauma center ceases functioning as a trauma center, it shall pay back to the local EMS agency a pro rata portion of the funding that has been received. If there are one or more trauma centers remaining in the local EMS agency’s service area, the local EMS agency shall distribute the funds among the other trauma centers. If there is no other trauma center within the local EMS agency’s service area, the local EMS agency shall return the moneys to the authority. (i) In order to receive funds pursuant to this section, an eligible trauma center shall submit, pursuant to a contract between the trauma center and the local EMS agency, relevant and pertinent data requested by the local EMS agency. A trauma center shall demonstrate that it is appropriately submitting data to the local EMS agency’s trauma registry and a local EMS agency shall audit the data annually within two years of a distribution from the local EMS agency to a trauma center. Any trauma center receiving funding pursuant to this section shall report to the local EMS agency how the funds were used to support trauma services. (j) It is the intent of the Legislature that all moneys appropriated to the fund be distributed to local EMS agencies during the same year the moneys are appropriated. To the extent that any moneys are not distributed by the authority during the fiscal year in which the moneys are appropriated, the moneys shall remain in the fund and be eligible for distribution pursuant to this section during subsequent fiscal years. (k) By October 31, 2002, the authority shall develop criteria for the standardized reporting of trauma patients to local trauma registries. The authority shall seek input from local EMS agencies to develop the criteria. All local EMS agencies shall utilize the trauma patient criteria for reporting trauma patients to local trauma registries by July 1, 2003. (l) By December 31 of the fiscal year following any fiscal year in which funds are distributed pursuant to this section, a local EMS agency that has received funds from the authority pursuant to this chapter shall provide a report to the authority that details the amount of funds distributed to each trauma center, the amount of any balance remaining, and the amount of any claims pending, if any, and describes how the respective centers used the funds to support trauma services. The report shall also describe the local EMS agency’s mechanism for distributing the funds to trauma centers, a description of their audit process and criteria, and a summary of the most recent audit results. (m) The authority may retain from any appropriation to the fund an amount sufficient to implement this section, up to two hundred eighty thousand dollars ($280,000). This amount may be adjusted to reflect any increases provided for wages or operating expenses as part of the authority’s budget process. (Amended by Stats. 2005, Ch. 80, Sec. 1.2. Effective July 19, 2005.)
  62. 1797.2.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. )

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    The Legislature states an intent to support EMT-P paramedic programs statewide and to start EMT-II limited advanced life support programs only when a paramedic program would not be feasible.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. ) ## 1797.2. It is the intent of the Legislature to maintain and promote the development of EMT-P paramedic programs where appropriate throughout the state and to initiate EMT-II limited advanced life support programs only where geography, population density, and resources would not make the establishment of a paramedic program feasible. (Added by Stats. 1980, Ch. 1260.)
  63. 1797.200.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    Each county may develop an emergency medical services program, and a county that does so must designate a local EMS agency.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.200. Each county may develop an emergency medical services program. Each county developing such a program shall designate a local EMS agency which shall be the county health department, an agency established and operated by the county, an entity with which the county contracts for the purposes of local emergency medical services administration, or a joint powers agency created for the administration of emergency medical services by agreement between counties or cities and counties pursuant to the provisions of Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. (Added by Stats. 1980, Ch. 1260.)
  64. 1797.201.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    A county must sign a written agreement with a requesting city or fire district about prehospital emergency medical services. Until an agreement is reached, service must continue at no less than the existing level, and the city or fire district keeps administering the service, unless a public hearing supports reducing the level.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.201. Upon the request of a city or fire district that contracted for or provided, as of June 1, 1980, prehospital emergency medical services, a county shall enter into a written agreement with the city or fire district regarding the provision of prehospital emergency medical services for that city or fire district. Until such time that an agreement is reached, prehospital emergency medical services shall be continued at not less than the existing level, and the administration of prehospital EMS by cities and fire districts presently providing such services shall be retained by those cities and fire districts, except the level of prehospital EMS may be reduced where the city council, or the governing body of a fire district, pursuant to a public hearing, determines that the reduction is necessary. Notwithstanding any provision of this section the provisions of Chapter 5 (commencing with Section 1798) shall apply. (Added by Stats. 1980, Ch. 1260.)
  65. 1797.202.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    Local EMS agencies must have a licensed physician and surgeon as medical director, unless the authority director waives the experience requirement for hardship.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.202. (a) Every local EMS agency shall have a full- or part-time licensed physician and surgeon as medical director, who has substantial experience in the practice of emergency medicine, as designated by the county or by the joint powers agreement, to provide medical control and to assure medical accountability throughout the planning, implementation and evaluation of the EMS system. The authority director may waive the requirement that the medical director have substantial experience in the practice of emergency medicine if the requirement places an undue hardship on the county or counties. (b) The medical director of the local EMS agency may appoint one or more physicians and surgeons as assistant medical directors to assist the medical director with the discharge of the duties of medical director or to assume those duties during any time that the medical director is unable to carry out those duties as the medical director deems necessary. (c) The medical director may assign to administrative staff of the local EMS agency for completion under the supervision of the medical director, any administrative functions of his or her duties which do not require his or her professional judgment as medical director. (Amended by Stats. 1989, Ch. 1362, Sec. 9. Effective October 2, 1989.)
  66. 1797.204.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The local EMS agency must plan, implement, and evaluate an emergency medical services system.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.204. The local EMS agency shall plan, implement, and evaluate an emergency medical services system, in accordance with the provisions of this part, consisting of an organized pattern of readiness and response services based on public and private agreements and operational procedures. (Added by Stats. 1980, Ch. 1260.)
  67. 1797.206.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The local EMS agency must implement advanced life support systems and limited advanced life support systems, and monitor training programs.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.206. The local EMS agency shall be responsible for implementation of advanced life support systems and limited advanced life support systems and for the monitoring of training programs. (Amended by Stats. 1983, Ch. 1246, Sec. 27.)
  68. 1797.208.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The local EMS agency must check whether EMT-I, EMT-II, and EMT-P training programs comply with this division, and must approve programs that do. The California Highway Patrol Academy training program is exempt from this section.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.208. The local EMS agency shall be responsible for determining that the operation of training programs at the EMT-I, EMT-II, and EMT-P levels are in compliance with this division, and shall approve the training programs if they are found to be in compliance with this division. The training program at the California Highway Patrol Academy shall be exempt from the provisions of this section. (Amended by Stats. 1986, Ch. 248, Sec. 131.)
  69. 1797.210.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The local EMS agency’s medical director must issue certain certificates and recertify EMT-I or EMT-II personnel when the stated training, exam, and other requirements are met.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.210. (a) The medical director of the local EMS agency shall issue a certificate, except an EMT-P certificate, to an individual upon proof of satisfactory completion of an approved training program, passage of the certifying examination designated by the authority, completion of any other requirements for certification established by the authority, and a determination that the individual is not precluded from certification for any of the reasons listed in Section 1798.200. The certificate shall be proof of the individual’s initial competence to perform at the designated level. (b) The medical director of the local EMS agency shall, at the interval specified by the authority, recertify an EMT-I or EMT-II upon proof of the individual’s satisfactory passage of the examination for recertification designated by the authority, completion of any continuing education or other requirements for recertification established by the authority, and a determination that the individual is not precluded from recertification because of any of the reasons listed in Section 1798.200. (Amended by Stats. 1993, Ch. 64, Sec. 5. Effective June 30, 1993.)
  70. 1797.211.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    Each local EMS agency must send certificate status updates to the authority within three working days after a final disciplinary determination by the medical director that changes an EMT-I or EMT-II certificate status.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.211. Each local EMS agency shall submit certificate status updates to the authority within three working days after a final determination is made regarding a certification disciplinary action taken by the medical director that results in a change to an EMT-I or EMT-II certificate status. (Added by Stats. 2008, Ch. 274, Sec. 11. Effective January 1, 2009.)
  71. 1797.212.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    A local EMS agency may set certification fees, but it may not charge fees for EMT-P certification or recertification.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.212. The local EMS agency may establish a schedule of fees for certification in an amount sufficient to cover the reasonable cost of administering the certification provisions of this division. However, a local EMS agency shall not collect fees for the certification or recertification of an EMT-P. (Amended by Stats. 1993, Ch. 64, Sec. 6. Effective June 30, 1993.)
  72. 1797.213.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    Local EMS agencies may offer EMT and nurse certification training and charge a fee to cover costs. Starting on the stated dates, the training must include sudden infant death syndrome content, and certified individuals must complete that training or supplementary training by the stated deadlines.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.213. (a) Any local EMS agency conducting a program pursuant to this article may provide courses of instruction and training leading to certification as an EMT-I, EMT-II, EMT-P, or authorized registered nurse. When such instruction and training are provided, a fee may be charged sufficient to defray the cost of such instruction and training. (b) Effective July 1, 1990, any courses of instruction and training leading to certification as an EMT-I, EMT-II, EMT-P, or authorized registered nurse shall include a course of training on the nature of sudden infant death syndrome which is developed by the California SIDS program in the State Department of Health Services in consultation with experts in the field of sudden infant death syndrome, and effective January 1, 1990, any individual certified as an EMT-I, EMT-II, EMT-P, or authorized registered nurse shall complete that course of training. The course shall include information on the community resources available to assist families who have lost a child to sudden infant death syndrome. An individual who was certified as an EMT-I, EMT-II, EMT-P, or authorized registered nurse prior to January 1, 1990, shall complete supplementary training on this topic on or before January 1, 1992. (Amended by Stats. 1989, Ch. 1111, Sec. 6.)
  73. 1797.214.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    A local EMS agency may require extra training or qualifications before practice in certain EMS systems.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.214. A local EMS agency may require additional training or qualifications, for the use of drugs, devices, or skills in either the standard scope of practice or a local EMS agency optional scope of practice, which are greater than those provided in this chapter as a condition precedent for practice within such EMS area in an advanced life support or limited advanced life support prehospital care system consistent with standards adopted pursuant to this division. (Amended by Stats. 1989, Ch. 1362, Sec. 11. Effective October 2, 1989.)
  74. 1797.215.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    EMT-I, EMT-II, and EMT-P personnel must renew their CPR certificate at least every two years.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.215. Notwithstanding any other provision of law, EMT-I's, EMT-II's, and EMT-P’s shall be required to renew their cardiopulmonary resuscitation certificate no more than once every two years. (Added by Stats. 1983, Ch. 774, Sec. 1.)
  75. 1797.216.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    Certain certifying public safety agencies and the state fire marshal may certify or recertify personnel as EMT-I. Certified persons must have completed approved training and passed a competency-based exam.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.216. Public safety agencies that are certifying entities may certify and recertify public safety personnel as EMT-I. The state fire marshal, subject to policy guidance and advice from the State Board of Fire Services, may certify and recertify fire safety personnel as EMT-I. All persons certified shall have completed a program of training approved by the local EMS agency or the authority and have passed a competency-based examination. (Amended by Stats. 2008, Ch. 274, Sec. 12. Effective January 1, 2009.)
  76. 1797.217.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    Certifying entities must submit certification data to the authority, and fees must be collected, transmitted, and managed under this section.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.217. (a) Every certifying entity shall submit to the authority certification data required by Section 1797.117. (b) The authority shall collect fees from each certifying entity for the certification and certification renewal of each EMT-I and EMT-II in an amount sufficient to support the authority’s central registry program and the local EMS agency administrative law judge reimbursement program. Separate additional fees may be charged, at the option of the authority, for services that are not shared by all applicants. (c) The authority’s fees shall be established in regulations, and fees charged for individual services shall be set so that the total fees charged shall not exceed the authority’s actual total cost for the authority’s central registry program, state and federal criminal offender record information search response program, and the local EMS agency administrative law judge reimbursement program. (d) In addition to any fees collected by EMT-I or EMT-II certifying entities to support their certification, recertification, or enforcement programs, EMT-I or EMT-II certifying entities shall collect fees to support the authority’s central registry program, and the local EMS agency administrative law judge reimbursement program. In lieu of collecting fees from an individual, pursuant to an employer choice, a collective bargaining agreement, or other employment contract, the certifying entity shall provide the appropriate fees to the authority pursuant to this subdivision. (e) All fees collected for or provided to the authority in a calendar month by an EMT-I or EMT-II certifying entity pursuant to this section shall be transmitted to the authority for deposit into the Emergency Medical Technician Certification Fund within 30 calendar days following the last day of the calendar month in which the fees were received by the certifying entity, unless a contract between the certifying entity and the authority specifies a different timeframe. (f) At the option of the authority, fees may be collected for the authority by an entity that contracts with the authority to provide any of the services associated with the registry program, or the state and federal criminal offender record information search response program, or the local EMS agency administrative law judge reimbursement program. All fees collected for the authority in a calendar month by any entity designated by the authority pursuant to this section to collect fees for the authority shall be transmitted to the authority for deposit into the Emergency Medical Technician Certification Fund within 30 calendar days following the last day of the calendar month in which the fees were received by the designated entity, unless the contract between the entity and the authority specifies a different timeframe. (g) The authority shall annually evaluate fees to determine if the fee is sufficient to fund the actual costs of the authority’s central registry program, state and federal criminal offender record information search response program, and local EMS agency administrative law judge reimbursement program. If the evaluation shows that the fees are excessive or are insufficient to fund the actual costs of these programs, then the fees will be adjusted accordingly through the rulemaking process as outlined in the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (h) The Emergency Medical Technician Certification Fund is hereby created in the State Treasury. All moneys deposited in the fund shall be made available, upon appropriation, to the authority for purposes of the central registry program, state and federal criminal offender record information search response program, and the local EMS agency administrative law judge reimbursement program. The local EMS agency administrative law judge reimbursement program is solely for the purpose of making reimbursements to local emergency medical service agencies for actual administrative law judge costs regarding EMT-I or EMT-II disciplinary action appeals. Reimbursement to the local emergency medical service agencies shall only be made if adequate funds are available from fees collected for the authority’s local EMS agency administrative law judge reimbursement program. (i) The authority may transfer unused portions of the Emergency Medical Technician Certification Fund to the Surplus Money Investment Fund. Funds transferred to the Surplus Money Investment Fund shall be placed in a separate trust account, and shall be available for transfer to the Emergency Medical Technician Certification Fund, together with interest earned, when requested by the authority. (j) The authority shall maintain a reserve balance in the Emergency Medical Technician Certification Fund of 5 percent of annual revenues. Any increase in the fees deposited in the Emergency Medical Technician Certification Fund shall be effective upon a determination by the authority that additional moneys are required to fund expenditures of this section. (Amended by Stats. 2011, Ch. 296, Sec. 150. (AB 1023) Effective January 1, 2012.)
  77. 1797.218.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    A local EMS agency may authorize certain advanced life support programs that use EMT-II or EMT-P services for emergency medical care.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.218. Any local EMS agency may authorize an advanced life support or limited advanced life support program which provides services utilizing EMT-II or EMT-P, or both, for the delivery of emergency medical care to the sick and injured at the scene of an emergency, during transport to a general acute care hospital, during interfacility transfer, while in the emergency department of a general acute care hospital until care responsibility is assumed by the regular staff of that hospital, and during training within the facilities of a participating general acute care hospital. (Amended by Stats. 1983, Ch. 1246, Sec. 34.)
  78. 1797.219.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    Investigatory and disciplinary processes for EMT-I and EMT-II certificate holders must follow specified Government Code chapters, with separate treatment for firefighter and peace officer certificate holders.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.219. All investigatory and disciplinary processes for EMT-I and EMT-II certificate holders shall be, subject to Chapter 9.6 (commencing with Section 3250) of Division 4 of Title 1 of the Government Code, with respect to certificate holders who are firefighters otherwise subject to these provisions, and Chapter 9.7 (commencing with Section 3300) of Division 4 of Title 1 of the Government Code, with respect to certificate holders who are peace officers otherwise subject to these provisions. (Added by Stats. 2008, Ch. 274, Sec. 14. Effective January 1, 2009.)
  79. 1797.220.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The local EMS agency must set policies and procedures, using state minimum standards and with approval from the local medical director, to ensure medical control of the EMS system.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.220. The local EMS agency, using state minimum standards, shall establish policies and procedures approved by the medical director of the local EMS agency to assure medical control of the EMS system. The policies and procedures approved by the medical director may require basic life support emergency medical transportation services to meet any medical control requirements including dispatch, patient destination policies, patient care guidelines, and quality assurance requirements. (Amended by Stats. 1988, Ch. 1390, Sec. 5.)
  80. 1797.221.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    The local EMS agency’s medical director may approve or conduct scientific or trial studies of prehospital emergency drug, device, or treatment use, but the study must follow the authority’s requirements and cannot include items the authority has specifically excluded.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.221. The medical director of the local EMS agency may approve or conduct any scientific or trial study of the efficacy of the prehospital emergency use of any drug, device, or treatment procedure within the local EMS system, utilizing any level of prehospital emergency medical care personnel. The study shall be consistent with any requirements established by the authority for scientific or trial studies conducted within the prehospital emergency medical care system, and, where applicable, with Article 5 (commencing with Section 111550) of Chapter 6 of Part 5 of Division 104. No drug, device, or treatment procedure which has been specifically excluded by the authority from usage in the EMS system shall be included in such a study. (Amended by Stats. 1996, Ch. 1023, Sec. 174. Effective September 29, 1996.)
  81. 1797.222.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    A county may adopt patient-transport ordinances after local EMS agency recommendation, subject to criteria for trauma, burn, or pediatric centers.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.222. A county, upon the recommendation of its local EMS agency, may adopt ordinances governing the transport of a patient who is receiving care in the field from prehospital emergency medical personnel, when the patient meets specific criteria for trauma, burn, or pediatric centers adopted by the local EMS agency. The ordinances shall, to the extent possible, ensure that individual patients receive appropriate medical care while protecting the interests of the community at large by making maximum use of available emergency medical care resources. These ordinances shall be consistent with Sections 1797.106, 1798.100, and 1798.102, and shall not conflict with any state regulations or any guidelines adopted by the Emergency Medical Service Authority. This section shall not be construed as prohibiting the helicopter program of the Department of the California Highway Patrol from a role in providing emergency medical services when the best medically qualified person at the scene of an accident determines it is in the best interests of any injured party. (Added by Stats. 1983, Ch. 1237, Sec. 2.)
  82. 1797.223.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    A public safety agency providing 911 call processing for emergency medical response must provide a dispatch connection to the EMS provider. Local EMS agencies review EMD plans, and the provision sets notification, dispatch, and appeal rules.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.223. (a) (1) A public safety agency that provides “911” call processing services for emergency medical response shall make a connection available from the public safety agency dispatch center to an emergency medical services (EMS) provider’s dispatch center for the timely transmission of emergency response information. (2) A public safety agency shall be entitled to recover from an EMS provider the actual costs incurred in establishing and maintaining a connection required by this subdivision. (3) An EMS provider that elects not to use the connection provided pursuant to this subdivision shall be dispatched by the appropriate public safety agency and charged a rate negotiated by the parties. (4) If an EMS provider is not directly dispatched from a public safety agency, the response interval for calculations for that EMS provider shall not include the call processing times of the public safety agency and shall begin upon receipt of notification by the EMS provider of the emergency response caller data, either electronically or by any other means prescribed in paragraph (5). (5) For purposes of this subdivision, “connection” means either a direct computer aided dispatch (CAD) to CAD link, where permissible under law, between the public safety agency and an EMS provider or an indirect connection, including, but not limited to, a ring-down line, intercom, radio, or other electronic means for timely notification of caller data and the location of the emergency response. (b) Unless a local EMS agency has approved an emergency medical dispatch (EMD) program in conformance with Section 1798.8, that allows for a tiered or modified response, the local EMS-agency-authorized EMS system providers, and the statutorily authorized EMS system providers within the jurisdiction of the incident, shall be simultaneously notified, or as close as technologically feasible, and dispatched at the same response mode. (c) A public safety agency implementing an EMD program shall be subject to the review and approval of the local EMS agency, and shall perform “911” call processing services and operate the program in accordance with applicable state guidelines and regulations and the policies adopted by the local EMS agency that are consistent with Section 1798.8. (d) A local EMS agency shall review and approve or deny a public safety agency’s plan to implement an EMD or advanced life support program within 90 days of submission of the plan. A public safety agency may elect to appeal any action of a local EMS agency as described in paragraphs (1) and (2): (1) If a public safety agency’s application for an EMD or advanced life support program is not timely approved or is denied, an appeal shall be conducted in conformance with the administrative adjudication proceedings set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (2) A final decision rendered pursuant to this subdivision may be appealed to a court of competent jurisdiction. (e) This section does not authorize a public safety agency to alter the response of a local EMS-agency-authorized EMS transport provider, including EMS transport providers operating pursuant to Section 1797.224, unless authorized by a local EMS agency. (f) This section does not supersede Section 1797.201. (Amended by Stats. 2020, Ch. 370, Sec. 198. (SB 1371) Effective January 1, 2021.)
  83. 1797.224.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    A local EMS agency may create exclusive operating areas if it uses a competitive process, and it must submit that process for approval when it does so.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.224. A local EMS agency may create one or more exclusive operating areas in the development of a local plan, if a competitive process is utilized to select the provider or providers of the services pursuant to the plan. No competitive process is required if the local EMS agency develops or implements a local plan that continues the use of existing providers operating within a local EMS area in the manner and scope in which the services have been provided without interruption since January 1, 1981. A local EMS agency which elects to create one or more exclusive operating areas in the development of a local plan shall develop and submit for approval to the authority, as part of the local EMS plan, its competitive process for selecting providers and determining the scope of their operations. This plan shall include provisions for a competitive process held at periodic intervals. Nothing in this section supersedes Section 1797.201. (Added by Stats. 1984, Ch. 1349, Sec. 3.)
  84. 1797.225.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    A local EMS agency may adopt ambulance offload-time policies, but if it does, it must use the statewide standard methodology and set criteria for reporting and quality-assurance follow-up for nonstandard offload times.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.225. (a) A local EMS agency may adopt policies and procedures for calculating and reporting ambulance patient offload time, as defined in subdivision (b) of Section 1797.120. (b) A local EMS agency that adopts policies and procedures for calculating and reporting ambulance patient offload time pursuant to subdivision (a) shall do all of the following: (1) Use the statewide standard methodology for calculating and reporting ambulance patient offload time developed by the authority pursuant to Section 1797.120. (2) Establish criteria for the reporting of, and quality assurance followup for, a nonstandard patient offload time, as defined in subdivision (c). (c) (1) For the purposes of this section, a “nonstandard patient offload time” means that the ambulance patient offload time for a patient exceeds a period of time designated in the criteria established by the local EMS agency pursuant to paragraph (2) of subdivision (b). (2) “Nonstandard patient offload time” does not include instances in which the ambulance patient offload time exceeds the period set by the local EMS agency due to acts of God, natural disasters, or manmade disasters. (Added by Stats. 2015, Ch. 379, Sec. 2. (AB 1223) Effective January 1, 2016.)
  85. 1797.226.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    In San Bernardino County, a local EMS agency that establishes exclusive operating areas may decide that certain minor staffing or equipment changes do not change service scope, and may treat a qualifying successor emergency provider as an existing provider.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.226. Without altering or otherwise affecting the meaning of any portion of this division as to any other county, as to San Bernardino County only, it shall be competent for any local EMS agency which establishes exclusive operating areas pursuant to Section 1797.224 to determine the following: (a) That a minor alteration in the level of life support personnel or equipment, which does not significantly reduce the level of care available, shall not constitute a change in the manner and scope of providing services. (b) That a successor to a previously existing emergency services provider shall qualify as an existing provider if the successor has continued uninterrupted the emergency transportation previously supplied by the prior provider. (Added by Stats. 1986, Ch. 965, Sec. 1.)
  86. 1797.227.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    Emergency medical care providers must use compatible electronic health record systems when sending data to a local EMS agency, and local EMS agencies cannot require a specific system.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.227. (a) An emergency medical care provider shall do both of the following when collecting and submitting data to a local EMS agency: (1) Use an electronic health record system that exports data in a format that is compliant with the current versions of the California Emergency Medical Services Information System (CEMSIS) and the National Emergency Medical Services Information System (NEMSIS) standards and includes those data elements that are required by the local EMS agency. (2) Ensure that the electronic health record system can be integrated with the local EMS agency’s data system, so that the local EMS agency may collect data from the provider. (b) A local EMS agency shall not mandate that a provider use a specific electronic health record system to collect and share data with the local EMS agency. (c) This section does not modify or affect a written contract or agreement executed before January 1, 2016, between a local EMS agency and an emergency medical care provider. (Added by Stats. 2015, Ch. 377, Sec. 1. (AB 1129) Effective January 1, 2016.)
  87. 1797.228.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    A local EMS agency must send ambulance patient offload time data to the authority quarterly, and must not include personally identifying patient data in that submission.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.228. (a) (1) On or before July 1, 2019, a local EMS agency shall transmit ambulance patient offload time data quarterly to the authority, consistent with the policies and procedures developed pursuant to Section 1797.225. (2) The data must be sufficient for the authority to calculate ambulance patient offload time, as defined in subdivision (b) of Section 1797.120, by local EMS agency jurisdiction and by each facility in a local EMS agency jurisdiction. (b) Notwithstanding Section 1797.122, the local EMS agency shall ensure that personally identifying patient data is not included in the submission of data to calculate patient offload time. (Added by Stats. 2018, Ch. 656, Sec. 3. (AB 2961) Effective January 1, 2019.)
  88. 1797.230.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    A county may contract for emergency ambulance services with a fire agency, but after January 1, 2022 it may not enter into or renew such a contract unless the county board of supervisors has adopted a written policy for contract issues.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.230. (a) (1) A county may contract for emergency ambulance services with a fire agency that will provide those services, in whole or in part, through a written subcontract with a private ambulance service. (2) This subdivision is declaratory of existing law regarding a county’s powers and authority to contract for emergency ambulance services. (b) For purposes of this section, “fire agency” means a fire protection district, including a fire protection district that is governed by the county’s board of supervisors, a joint powers agency created for the provision of fire protection services, a city, a special district that provides fire protection services, or a local agency authorized by statute to provide fire protection services. (c) On and after January 1, 2022, a county shall not enter into or renew a contract for emergency ambulance services unless the county board of supervisors has adopted, by ordinance or resolution, a written policy setting forth issues to be considered for inclusion in the county contract for emergency ambulance services, which may include, but are not limited to, all of the following: (1) Employment retention requirements for the employees of the incumbent ambulance service. (2) Demonstrated experience serving similar populations and geographic areas. (3) Diversity and equity efforts addressing the unique needs of vulnerable and underserved populations of the service area. (4) Financial requirements, including requiring a private ambulance service provider to show proof of insurance and bonding. (5) A description of the ambulance service provider’s public information and education activities and community involvement. (d) If a county contracts for emergency ambulance services as described in this section, the county contract shall demonstrate how the county contract will provide for the payment of comparable wages and benefits to all ambulance service employees that are generally consistent with those provided to ambulance service employees in the same geographic region. The county contract shall also demonstrate that the staffing levels for ambulance service employees will be comparable to the staffing levels under the county’s previous contract. (e) The requirements of this section are within the exclusive jurisdiction of the county’s board of supervisors. (f) This section shall not supersede Section 1797.201 and shall not alter, modify, abridge, diminish, or enlarge the requirements for creating, establishing, or maintaining an exclusive operating area under Section 1797.224. (Added by Stats. 2021, Ch. 460, Sec. 1. (AB 389) Effective January 1, 2022.)
  89. 1797.231.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    A county cannot renew or enter certain emergency ambulance contracts with a fire agency after January 1, 2022 unless the fire agency adopts a written competitive-bidding policy. The section also requires notice and employee-focused bidding disclosures for subcontract changes.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.231. (a) (1) A fire agency, as defined in subdivision (b) of Section 1797.230, may enter into a written subcontract with a private ambulance service for the purpose of contracting with a county as described in paragraph (1) of subdivision (a) of Section 1797.230. (2) This subdivision is declaratory of existing law regarding a fire agency’s powers and authority to subcontract for emergency ambulance services. (b) On or after January 1, 2022, a county may not enter into or renew a contract for emergency ambulance services with a fire agency, as defined in subdivision (b) of Section 1797.230, that includes a written subcontract with a private ambulance service, unless the fire agency adopts a written policy that requires the written subcontract to be awarded pursuant to a competitive bidding process consistent with Section 20812 of the Public Contract Code. The written policy shall set forth issues to be considered during the fire agency’s competitive bidding process, which may include, but are not limited to, all of the following: (1) Whether safeguards are in place to prevent an entity submitting a bid, including an officer, employee, agent, representative, or other official of the entity, from participating in the deliberations of the fire agency in awarding the subcontract. (2) Whether consideration for awarding the written subcontract is given only to bidders who submit complete applications in response to a written request for proposals, written request for qualifications, or other similar written request for bids. The written request shall not be prepared in whole or in part by any entity submitting a bid in the competitive bidding process, including an entity’s officers, employees, agents, representatives, or officials. (3) Whether the written request described in paragraph (2) adequately describes criteria to evaluate a bidder’s demonstrated ability and commitment to providing cost-efficient and high-quality services, which may include, but are not limited to, the following: (A) Experience and history providing emergency ambulance services in a safe and efficient manner. (B) Managerial experience and qualifications of key personnel. (C) Effectiveness of operational processes and assets, including quality of ambulance fleet and equipment, dispatch, customer service, and working conditions of ambulance personnel. (D) Performance monitoring and quality control. (E) Reasonable service rates and charges. (F) Financial stability to maintain an uninterrupted and consistent level of service. (c) (1) A fire agency that enters into a written subcontract with a private ambulance service as described in subdivision (a), shall provide the ambulance service provider with reasonable advance written notice of any operational changes under the written subcontract between the fire agency and the ambulance service provider. (2) The fire agency shall, in a timely fashion, use best efforts to address concerns raised by the ambulance service provider employees regarding any operational changes under the written subcontract and shall communicate its written responses to those concerns to the ambulance service provider. (d) A bidding ambulance service participating in a fire agency’s competitive bidding process pursuant to this section shall demonstrate in its response to a written request for proposals, written request for qualifications, or other similar written request for bids that its ambulance service employees are provided with all of the following: (1) Comparable wages, benefits, and staffing generally consistent with those provided to ambulance service employees in the same geographic region. (2) Specific mechanisms to ensure adequate and open communication with the contracting fire agency in order to facilitate immediate notice to the recognized employee organization or official representative of the ambulance service provider’s employees whenever operational changes are proposed and noticed by the contracting fire agency, as required by subdivision (c), and are likely to have a material impact on the employees’ wages, hours, or other terms and conditions of employment. (3) Effective access to the contracting fire agency by the recognized employee organization or official representative of the employees to directly provide input on operational changes, as described in paragraph (2), and, if requested by the recognized employee organization or official representative of the employees, facilitation of immediate access to the fire agency to allow the employees to set forth specific concerns about the operational changes. (e) This section does not limit a fire agency’s authority to enter into agreements with other public entities, including agreements to provide for ambulance services. (f) The requirements of this section are within the exclusive jurisdiction of the governing body of the fire agency. (g) This section does not supersede Section 1797.201 and shall not alter, modify, abridge, diminish, or enlarge the requirements for creating, establishing, or maintaining an exclusive operating area under Section 1797.224. (Added by Stats. 2021, Ch. 460, Sec. 2. (AB 389) Effective January 1, 2022.)
  90. 1797.233.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. )

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    Ground ambulance providers may not charge uninsured or self-pay patients more than the Medi-Cal or Medicare fee-for-service amount, and they face limits on collections and debt-collection tactics.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Local EMS Agency [1797.200 - 1797.233] ( Article 1 added by Stats. 1980, Ch. 1260. ) ## 1797.233. (a) A ground ambulance provider shall not require an uninsured patient or self-pay patient to pay an amount more than the established payment by Medi-Cal or Medicare fee-for-service amount, whichever is greater. (b) (1) A ground ambulance provider shall only advance to collections the Medicare or Medi-Cal payment amount, as determined pursuant to subdivision (a), that the uninsured or self-pay patient failed to pay. (2) The ground ambulance provider, or an entity acting on its behalf, including a debt buyer or assignee of the debt, shall not do either of the following: (A) Report adverse information to a consumer credit reporting agency. (B) Commence civil action against the individual for a minimum of 12 months after the initial billing regarding amounts owed by the individual pursuant to subdivision (a). (3) With respect to an uninsured patient or self-pay patient, the ground ambulance provider, or an entity acting on its behalf, including an assignee of the debt, shall not use wage garnishments or liens on primary residences as a means of collecting unpaid bills pursuant to this section. (c) Ground ambulance service providers remain subject to balance billing protections for Medi-Cal beneficiaries under Section 14019.4 of the Welfare and Institutions Code. (Amended by Stats. 2024, Ch. 520, Sec. 9. (SB 1061) Effective January 1, 2025.)
  91. 1797.250.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Local Emergency Medical Services Planning [1797.250 - 1797.259] ( Article 2 added by Stats. 1980, Ch. 1260. )

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    In each designated EMS area, the local EMS agency may develop and submit an emergency medical services plan to the authority.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Local Emergency Medical Services Planning [1797.250 - 1797.259] ( Article 2 added by Stats. 1980, Ch. 1260. ) ## 1797.250. In each designated EMS area, the local EMS agency may develop and submit a plan to the authority for an emergency medical services system according to the guidelines prescribed pursuant to Section 1797.103. (Added by Stats. 1980, Ch. 1260.)
  92. 1797.252.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Local Emergency Medical Services Planning [1797.250 - 1797.259] ( Article 2 added by Stats. 1980, Ch. 1260. )

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    The local EMS agency must coordinate and facilitate arrangements needed to develop the emergency medical services system, consistent with the plan.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Local Emergency Medical Services Planning [1797.250 - 1797.259] ( Article 2 added by Stats. 1980, Ch. 1260. ) ## 1797.252. The local EMS agency shall, consistent with such plan, coordinate and otherwise facilitate arrangements necessary to develop the emergency medical services system. (Added by Stats. 1980, Ch. 1260.)
  93. 1797.254.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Local Emergency Medical Services Planning [1797.250 - 1797.259] ( Article 2 added by Stats. 1980, Ch. 1260. )

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    Local EMS agencies must submit an emergency medical services plan for their EMS area every year to the authority, following the authority’s EMS systems, standards, and guidelines.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Local Emergency Medical Services Planning [1797.250 - 1797.259] ( Article 2 added by Stats. 1980, Ch. 1260. ) ## 1797.254. Local EMS agencies shall annually submit an emergency medical services plan for the EMS area to the authority, according to EMS Systems, Standards, and Guidelines established by the authority. (Amended by Stats. 1996, Ch. 197, Sec. 2. Effective July 22, 1996.)
  94. 1797.256.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Local Emergency Medical Services Planning [1797.250 - 1797.259] ( Article 2 added by Stats. 1980, Ch. 1260. )

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    A local EMS agency may review applications for grants and contracts for EMS-related federal, state, or private funds in its EMS area.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Local Emergency Medical Services Planning [1797.250 - 1797.259] ( Article 2 added by Stats. 1980, Ch. 1260. ) ## 1797.256. A local EMS agency may review applications for grants and contracts for federal, state, or private funds concerning emergency medical services or related activities in its EMS area. (Added by Stats. 1980, Ch. 1260.)
  95. 1797.257.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Local Emergency Medical Services Planning [1797.250 - 1797.259] ( Article 2 added by Stats. 1980, Ch. 1260. )

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    A local EMS agency that chooses to implement a trauma care system must prepare and submit a plan to the authority before implementation, following the applicable regulations.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Local Emergency Medical Services Planning [1797.250 - 1797.259] ( Article 2 added by Stats. 1980, Ch. 1260. ) ## 1797.257. A local EMS agency which elects to implement a trauma care system on or after the effective date of the regulations adopted pursuant to Section 1798.161 shall develop and submit a plan for that trauma care system to the authority according to the requirements of the regulations prior to the implementation of that system. (Added by Stats. 1984, Ch. 1735, Sec. 3. Effective September 30, 1984.)
  96. 1797.258.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Local Emergency Medical Services Planning [1797.250 - 1797.259] ( Article 2 added by Stats. 1980, Ch. 1260. )

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    A local EMS agency that has implemented a trauma care system must file an updated plan with the authority every year after an initial trauma care system plan has been submitted.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Local Emergency Medical Services Planning [1797.250 - 1797.259] ( Article 2 added by Stats. 1980, Ch. 1260. ) ## 1797.258. After the submission of an initial trauma care system plan, a local EMS agency which has implemented a trauma care system shall annually submit to the authority an updated plan which identifies all changes, if any, to be made in the trauma care system. (Added by Stats. 1984, Ch. 1735, Sec. 4. Effective September 30, 1984.)
  97. 1797.259.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Local Emergency Medical Services Planning [1797.250 - 1797.259] ( Article 2 added by Stats. 1980, Ch. 1260. )

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    If a local EMS agency chooses to implement certain EMS programs, it must develop a plan and submit it to the authority before implementation.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Local Emergency Medical Services Planning [1797.250 - 1797.259] ( Article 2 added by Stats. 1980, Ch. 1260. ) ## 1797.259. A local EMS agency that elects to implement a community paramedicine or triage to alternate destination program pursuant to Section 1840 shall develop and, prior to implementation, submit a plan for that program to the authority according to the requirements of Chapter 13 (commencing with Section 1800). (Added by Stats. 2020, Ch. 138, Sec. 1. (AB 1544) Effective January 1, 2021.)
  98. 1797.270.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3. Emergency Medical Care Committee [1797.270 - 1797.276] ( Article 3 added by Stats. 1983, Ch. 1246, Sec. 35. )

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    Counties may establish emergency medical care committees, including one joint committee for two or more adjacent counties.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3. Emergency Medical Care Committee [1797.270 - 1797.276] ( Article 3 added by Stats. 1983, Ch. 1246, Sec. 35. ) ## 1797.270. An emergency medical care committee may be established in each county in this state. Nothing in this division should be construed to prevent two or more adjacent counties from establishing a single committee for review of emergency medical care in these counties. (Amended by Stats. 1993, Ch. 64, Sec. 7. Effective June 30, 1993.)
  99. 1797.272.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3. Emergency Medical Care Committee [1797.270 - 1797.276] ( Article 3 added by Stats. 1983, Ch. 1246, Sec. 35. )

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    County boards of supervisors must set the membership of the emergency medical care committee and appoint its members.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3. Emergency Medical Care Committee [1797.270 - 1797.276] ( Article 3 added by Stats. 1983, Ch. 1246, Sec. 35. ) ## 1797.272. The county board of supervisors shall prescribe the membership, and appoint the members, of the emergency medical care committee. If two or more adjacent counties establish a single committee, the county boards of supervisors shall jointly prescribe the membership, and appoint the members of the committee. (Added by Stats. 1983, Ch. 1246, Sec. 35.)
  100. 1797.273.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3. Emergency Medical Care Committee [1797.270 - 1797.276] ( Article 3 added by Stats. 1983, Ch. 1246, Sec. 35. )

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    If a county local EMS agency chooses a community paramedicine or triage-to-alternate-destination program, the county board of supervisors—or the mayor in a city and county—must establish an emergency medical care committee.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3. Emergency Medical Care Committee [1797.270 - 1797.276] ( Article 3 added by Stats. 1983, Ch. 1246, Sec. 35. ) ## 1797.273. (a) Notwithstanding Sections 1797.270 and 1797.272, if a local EMS agency within the county elects to develop a community paramedicine or triage to alternate destination program pursuant to Section 1840, the county board of supervisors, or in the case of a city and county, the mayor, shall establish an emergency medical care committee to advise the local EMS agency on the development of the program and other matters relating to emergency medical services. Where a committee is already established for the purposes described in this article, the county board of supervisors or the mayor, as appropriate, shall ensure that the membership meets or exceeds the requirements of subdivision (b). (b) The board of supervisors or the mayor shall ensure that the membership of the committee includes all of the following members to advise the local EMS agency on the development of the community paramedicine or triage to alternate destination program: (1) One emergency medicine physician and surgeon who is board certified or board eligible practicing at an emergency department within the jurisdiction of the local EMS agency. (2) One registered nurse practicing within the jurisdiction of the local EMS agency. (3) One licensed paramedic practicing within the jurisdiction of the local EMS agency. Whenever possible, the paramedic shall be employed by a public agency. (4) One acute care hospital representative with an emergency department that operates within the jurisdiction of the local EMS agency. (5) Additional advisory members in the fields of public health, social work, hospice, substance use disorder detoxification and recovery, or mental health practicing within the jurisdiction of the local EMS agency with expertise commensurate with the program specialty or specialties described in Sections 1815 and 1819 that the local EMS agency proposes to adopt. (c) The requirements of this section shall apply to any emergency medical care committee established pursuant to this section or Section 1797.270. (d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed. (Amended by Stats. 2023, Ch. 270, Sec. 1. (AB 767) Effective January 1, 2024. Repealed as of January 1, 2031, by its own provisions.)
  101. 1797.274.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3. Emergency Medical Care Committee [1797.270 - 1797.276] ( Article 3 added by Stats. 1983, Ch. 1246, Sec. 35. )

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    The emergency medical care committee must review certain county emergency medical services and first aid operations at least once a year.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3. Emergency Medical Care Committee [1797.270 - 1797.276] ( Article 3 added by Stats. 1983, Ch. 1246, Sec. 35. ) ## 1797.274. The emergency medical care committee shall, at least annually, review the operations of each of the following: (a) Ambulance services operating within the county. (b) Emergency medical care offered within the county, including programs for training large numbers of people in cardiopulmonary resuscitation and lifesaving first aid techniques. (c) First aid practices in the county. (Added by Stats. 1983, Ch. 1246, Sec. 35.)
  102. 1797.276.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3. Emergency Medical Care Committee [1797.270 - 1797.276] ( Article 3 added by Stats. 1983, Ch. 1246, Sec. 35. )

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    Emergency medical care committees must report their observations and recommendations at least annually and must also submit them to the county board of supervisors they serve.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 4. Local Administration [1797.200 - 1797.276] ( Chapter 4 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3. Emergency Medical Care Committee [1797.270 - 1797.276] ( Article 3 added by Stats. 1983, Ch. 1246, Sec. 35. ) ## 1797.276. Every emergency medical care committee shall, at least annually, report to the authority, and the local EMS agency its observations and recommendations relative to its review of the ambulance services, emergency medical care, and first aid practices, and programs for training people in cardiopulmonary resuscitation and lifesaving first aid techniques, and public participation in such programs in that county. The emergency medical care committee shall submit its observations and recommendations to the county board or boards of supervisors which it serves and shall act in an advisory capacity to the county board or boards of supervisors which it serves, and to the local EMS agency, on all matters relating to emergency medical services as directed by the board or boards of supervisors. (Amended by Stats. 1988, Ch. 260, Sec. 5.)
  103. 1797.3.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. )

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    Local EMS agencies may adopt additional training standards for EMT-II and EMT-P personnel, so long as those standards are consistent with the standards adopted under the cited sections.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. ) ## 1797.3. The provisions of this division do not preclude the adoption of additional training standards for EMT-II and EMT-P personnel by local EMS agencies, consistent with standards adopted pursuant to Sections 1797.171, 1797.172, and 1797.214. (Amended by Stats. 1989, Ch. 1362, Sec. 1. Effective October 2, 1989.)
  104. 1797.4.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. )

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    References to certain former mobile intensive care roles are treated as references to current certificate or authorization holders under this division.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. ) ## 1797.4. Any reference in any provision of law to mobile intensive care paramedics subject to former Article 3 (commencing with Section 1480) of Chapter 2.5 of Division 2 shall be deemed to be a reference to persons holding valid certificates under this division as an EMT-I, EMT-II, or EMT-P. Any reference in any provision of law to mobile intensive care nurses subject to former Article 3 (commencing with Section 1480) of Chapter 2.5 of Division 2 shall be deemed to be a reference to persons holding valid authorization under this division as an MICN. (Added by Stats. 1988, Ch. 260, Sec. 1.)
  105. 1797.5.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. )

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    The section states California policy to promote emergency medical services and encourage people to be trained to help at a medical emergency.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. ) ## 1797.5. It is the intent of the Legislature to promote the development, accessibility, and provision of emergency medical services to the people of the State of California. Further, it is the policy of the State of California that people shall be encouraged and trained to assist others at the scene of a medical emergency. Local governments, agencies, and other organizations shall be encouraged to offer training in cardiopulmonary resuscitation and lifesaving first aid techniques so that people may be adequately trained, prepared, and encouraged to assist others immediately. (Added by Stats. 1983, Ch. 1246, Sec. 8.)
  106. 1797.50.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

    Verify source ↗

    The chapter’s definitions apply to this division unless the context requires otherwise.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.50. Unless the context otherwise requires, the definitions contained in this chapter shall govern the provisions of this division. (Amended by Stats. 1986, Ch. 248, Sec. 123.)
  107. 1797.52.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

    Verify source ↗

    This section defines “advanced life support” as certain prehospital emergency medical services provided by authorized personnel under direct base hospital supervision.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.52. “Advanced life support” means special services designed to provide definitive prehospital emergency medical care, including, but not limited to, cardiopulmonary resuscitation, cardiac monitoring, cardiac defibrillation, advanced airway management, intravenous therapy, administration of specified drugs and other medicinal preparations, and other specified techniques and procedures administered by authorized personnel under the direct supervision of a base hospital as part of a local EMS system at the scene of an emergency, during transport to an acute care hospital, during interfacility transfer, and while in the emergency department of an acute care hospital until responsibility is assumed by the emergency or other medical staff of that hospital. (Amended by Stats. 1984, Ch. 1391, Sec. 4.)
  108. 1797.53.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

    Verify source ↗

    This section defines “alternative base station.”

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.53. “Alternative base station” means a facility or service operated and directly supervised by, or directly supervised by, a physician and surgeon who is trained and qualified to issue advice and instructions to prehospital emergency medical care personnel, which has been approved by the medical director of the local EMS agency to provide medical direction to advanced life support or limited advanced life support personnel responding to a medical emergency as part of the local EMS system, when no qualified hospital is available to provide that medical direction. (Added by Stats. 1988, Ch. 1390, Sec. 1.)
  109. 1797.54.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

    Verify source ↗

    “Authority” means the Emergency Medical Services Authority created by this division.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.54. “Authority” means the Emergency Medical Services Authority established by this division. (Amended by Stats. 1986, Ch. 248, Sec. 124.)
  110. 1797.56.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

    Verify source ↗

    This section defines when a registered nurse may be called an authorized registered nurse, mobile intensive care nurse, or MICN.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.56. “Authorized registered nurse,” “mobile intensive care nurse,” or “MICN” means a registered nurse who is functioning pursuant to Section 2725 of the Business and Professions Code and who has been authorized by the medical director of the local EMS agency as qualified to provide prehospital advanced life support or to issue instructions to prehospital emergency medical care personnel within an EMS system according to standardized procedures developed by the local EMS agency consistent with statewide guidelines established by the authority. Nothing in this section shall be deemed to abridge or restrict the duties or functions of a registered nurse or mobile intensive care nurse as otherwise provided by law. (Amended by Stats. 1984, Ch. 1391, Sec. 5.)
  111. 1797.58.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

    Verify source ↗

    A base hospital is a hospital designated by the local EMS agency under a written contract, and it must direct the advanced life support or prehospital care systems assigned to it.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.58. “Base hospital” means one of a limited number of hospitals which, upon designation by the local EMS agency and upon the completion of a written contractual agreement with the local EMS agency, is responsible for directing the advanced life support system or limited advanced life support system and prehospital care system assigned to it by the local EMS agency. (Amended by Stats. 1984, Ch. 1391, Sec. 6.)
  112. 1797.59.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

    Verify source ↗

    This section defines “base hospital physician” or “BHP” as a California-licensed physician and surgeon assigned to a base hospital emergency department and trained to give advice and instructions under statewide guidelines.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.59. “Base hospital physician” or “BHP” means a physician and surgeon who is currently licensed in California, who is assigned to the emergency department of a base hospital, and who has been trained to issue advice and instructions to prehospital emergency medical care personnel consistent with statewide guidelines established by the authority. Nothing in this section shall be deemed to abridge or restrict the duties or functions of a physician and surgeon as otherwise provided by law. (Added by Stats. 1984, Ch. 1391, Sec. 7.)
  113. 1797.6.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. )

    Verify source ↗

    California states a policy to provide effective and efficient emergency medical care, and says it intends to maintain state direction and supervision over emergency medical services.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. ) ## 1797.6. (a) It is the policy of the State of California to ensure the provision of effective and efficient emergency medical care. The Legislature finds and declares that achieving this policy has been hindered by the confusion and concern in the 58 counties resulting from the United States Supreme Court’s holding in Community Communications Company, Inc. v. City of Boulder, Colorado, 455 U.S. 40, 70 L. Ed. 2d 810, 102 S. Ct. 835, regarding local governmental liability under federal antitrust laws. (b) It is the intent of the Legislature in enacting this section and Sections 1797.85 and 1797.224 to prescribe and exercise the degree of state direction and supervision over emergency medical services as will provide for state action immunity under federal antitrust laws for activities undertaken by local governmental entities in carrying out their prescribed functions under this division. (Added by Stats. 1984, Ch. 1349, Sec. 1.)
  114. 1797.60.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

    Verify source ↗

    This section defines “basic life support” as emergency first aid and CPR, including recognizing respiratory and cardiac arrest and starting CPR to maintain life without invasive techniques.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.60. “Basic life support” means emergency first aid and cardiopulmonary resuscitation procedures which, as a minimum, include recognizing respiratory and cardiac arrest and starting the proper application of cardiopulmonary resuscitation to maintain life without invasive techniques until the victim may be transported or until advanced life support is available. (Added by Stats. 1980, Ch. 1260.)
  115. 1797.61.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

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    This section defines “certificate” or “license,” and defines “certificate status” or “license status.”

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.61. (a) “Certificate” or “license” means a specific document issued to an individual denoting competence in the named area of prehospital service. (b) “Certificate status” or “license status” means the active, expired, denied, suspended, revoked, or placed on probation designation applied to a certificate or license issued pursuant to this division. (Added by Stats. 2008, Ch. 274, Sec. 2. Effective January 1, 2009.)
  116. 1797.62.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

    Verify source ↗

    This section defines “certifying entity.”

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.62. “Certifying entity” means a public safety agency or the office of the State Fire Marshal if the agency has a training program for EMT-I personnel that is approved pursuant to the standards developed pursuant to Section 1797.109, or the medical director of a local EMS agency. (Repealed and added by Stats. 2008, Ch. 274, Sec. 4. Effective January 1, 2009.)
  117. 1797.63.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

    Verify source ↗

    The provision defines a “certifying examination” as an authority-designated exam for a specific level of prehospital emergency medical care personnel.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.63. “Certifying examination” or “examination for certification” means an examination designated by the authority for a specific level of prehospital emergency medical care personnel that must be satisfactorily passed prior to certification or recertification at the specific level and may include any examination or examinations designated by the authority, including, but not limited to, any of the following options determined appropriate by the authority: (a) An examination developed either by the authority or under the auspices of the authority or approved by the authority and administered by the authority or any entity designated by the authority to administer the examination. (b) An examination developed and administered by the National Registry of Emergency Medical Technicians. (c) An examination developed administered, or approved by a certifying agency pursuant to standards adopted by the authority for the certification examination. (Added by Stats. 1989, Ch. 1362, Sec. 3. Effective October 2, 1989.)
  118. 1797.64.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

    Verify source ↗

    “Commission” means the Commission on Emergency Medical Services created under Section 1799.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.64. “Commission” means the Commission on Emergency Medical Services created pursuant to the provisions of Section 1799. (Added by Stats. 1980, Ch. 1260.)
  119. 1797.66.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

    Verify source ↗

    This section defines “competency based curriculum.”

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.66. “Competency based curriculum” means a curriculum in which specific objectives are defined for each of the separate skills taught in training programs with integrated didactic and practical instruction and successful completion of an examination demonstrating mastery of every skill. (Added by Stats. 1980, Ch. 1260.)
  120. 1797.67.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

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    This section defines “designated facility” as a hospital designated by a local EMS agency to carry out specified emergency medical services system functions under guidelines set by the authority.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.67. “Designated facility” means a hospital which has been designated by a local EMS agency to perform specified emergency medical services systems functions pursuant to guidelines established by the authority. (Added by Stats. 1983, Ch. 1246, Sec. 12.)
  121. 1797.68.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

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    “Director” means the Director of the Emergency Medical Services Authority.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.68. “Director” means the Director of the Emergency Medical Services Authority. (Amended by Stats. 1983, Ch. 1246, Sec. 13.)
  122. 1797.7.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. )

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    Local EMS agencies may require orientation, training, and competency checks for out-of-jurisdiction personnel, but they must not block a valid California EMT-P from starting work when accompanied by a certified and accredited EMT-P. They also must provide or arrange training and accreditation testing within 30 days of an EMT-P accreditation application.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. ) ## 1797.7. (a) The Legislature finds and declares that the ability of some prehospital emergency medical care personnel to move from the jurisdiction of one local EMS agency which issued certification and authorization to the jurisdiction of another local EMS agency which utilizes the same level of emergency medical care personnel will be unreasonably hindered if those personnel are required to be retested and recertified by each local EMS agency. (b) It is the intent of the Legislature in enacting this section and Section 1797.185 to ensure that EMT-P personnel who have met state competency standards for their basic scope of practice, as defined in Chapter 4 (commencing with Section 100135) of Division 9 of Title 22 of the California Code of Regulations, and are currently certified are recognized statewide without having to repeat testing or certification for that same basic scope of practice. (c) It is the intent of the Legislature that local EMS agencies may require prehospital emergency medical care personnel who were certified in another jurisdiction to be oriented to the local EMS system and receive training and demonstrate competency in any optional skills for which they have not received accreditation. It is also the intent of the Legislature that no individual who possesses a valid California EMT-P certificate shall be prevented from beginning working within the standard statewide scope of practice of an EMT-P if he or she is accompanied by a EMT-P who is currently certified in California and is accredited by the local EMS agency. It is further the intent of the Legislature that the local EMS agency provide, or arrange for the provision of, training and accreditation testing in local EMS operational policies and procedures and any optional skills utilized in the local EMS system within 30 days of application for accreditation as an EMT-P by the local EMS agency. (d) It is the intent of the Legislature that subdivisions (a), (b), and (c) not be construed to hinder the ability of local EMS agencies to maintain medical control within their EMS system in accordance with the requirements of this division. (Amended by Stats. 1989, Ch. 1362, Sec. 2. Effective October 2, 1989.)
  123. 1797.70.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

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    This section defines “emergency” as a situation needing immediate medical attention, or one where emergency medical personnel or a public safety agency perceives that such need may exist.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.70. “Emergency” means a condition or situation in which an individual has a need for immediate medical attention, or where the potential for such need is perceived by emergency medical personnel or a public safety agency. (Added by Stats. 1980, Ch. 1260.)
  124. 1797.72.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

    Verify source ↗

    Emergency medical services means the services used in responding to a medical emergency.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.72. “Emergency medical services” means the services utilized in responding to a medical emergency. (Added by Stats. 1980, Ch. 1260.)
  125. 1797.74.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

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    “Emergency medical services area” or “EMS area” means the geographical area within the jurisdiction of the designated local EMS agency.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.74. “Emergency medical services area” or “EMS area” means the geographical area within the jurisdiction of the designated local EMS agency. (Amended by Stats. 1984, Ch. 1391, Sec. 8.)
  126. 1797.76.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

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    An “emergency medical services plan” is a plan for delivering emergency medical services that follows state guidelines and covers the components listed in Section 1797.103.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.76. “Emergency medical services plan” means a plan for the delivery of emergency medical services consistent with state guidelines addressing the components listed in Section 1797.103. (Amended by Stats. 1983, Ch. 1246, Sec. 14.)
  127. 1797.78.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

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    This section defines “emergency medical services system” or “system.”

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.78. “Emergency medical services system” or “system” means a specially organized arrangement which provides for the personnel, facilities, and equipment for the effective and coordinated delivery in an EMS area of medical care services under emergency conditions. (Added by Stats. 1980, Ch. 1260.)
  128. 1797.8.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. )

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    The section lets counties set up an EMT-I naloxone certification program, requires participating counties to run a training/testing program, requires state guidelines, and allows EMT-Is to be authorized only after training and an exam.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. ) ## 1797.8. (a) For purposes of this section, the following definitions apply: (1) “EMT-I” means any person who has training and a valid certificate as prescribed by Section 1797.80. (2) “EMT certifying authority” means the medical director of the local emergency medical services agency. (b) Any county may, at the discretion of the county or regional medical director of emergency medical services, develop a program to certify an EMT-I to administer naloxone hydrochloride by means other than intravenous injection. (c) Any county that chooses to implement a program to certify an EMT-I to administer naloxone hydrochloride, as specified in subdivision (b), shall approve and administer a training and testing program leading to certification consistent with guidelines established by the state Emergency Medical Services Authority. (d) On or before July 1, 2003, the state Emergency Medical Services Authority shall develop guidelines relating to the county certification programs authorized pursuant to subdivision (b). (e) An EMT-I may be authorized by the EMT certifying authority to administer naloxone hydrochloride by means other than intravenous injection only if the EMT-I has completed training and passed an examination administered or approved by the EMT certifying authority in the area. (f) This section shall be operative only until the operative date of regulations that revise the regulations set forth in Chapter 3 (commencing with Section 100101) of Division 9 of Title 22 of the California Code of Regulations and that authorize an EMT-I to receive EMT-II training in administering naloxone hydrochloride without having to complete the entire EMT-II certification course. (Added by Stats. 2002, Ch. 678, Sec. 2. Effective January 1, 2003. Conditionally inoperative as provided in subd. (f). See same-numbered section in Division 2, Chapter 14.)
  129. 1797.80.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

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    This section defines “Emergency Medical Technician-I” (EMT-I).

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.80. “Emergency Medical Technician-I” or “EMT-I” means an individual trained in all facets of basic life support according to standards prescribed by this part and who has a valid certificate issued pursuant to this part. This definition shall include, but not be limited to, EMT-I (FS) and EMT-I-A. (Added by Stats. 1980, Ch. 1260.)
  130. 1797.82.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

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    This section defines who counts as an Emergency Medical Technician-II, EMT-II, Advanced Emergency Medical Technician, or Advanced EMT.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.82. “Emergency Medical Technician-II,” “EMT-II,” “Advanced Emergency Medical Technician,” or “Advanced EMT” means an EMT-I with additional training in limited advanced life support according to standards prescribed by this part and who has a valid certificate issued pursuant to this part. (Amended by Stats. 2008, Ch. 275, Sec. 2. Effective January 1, 2009.)
  131. 1797.84.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

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    This section defines “Emergency Medical Technician-Paramedic,” “EMT-P,” “paramedic,” and “mobile intensive care paramedic” as an individual who may provide advanced life support under standards set by this division and who holds a valid certificate under this division.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.84. “Emergency Medical Technician-Paramedic,” “EMT-P,” “paramedic” or “mobile intensive care paramedic” means an individual whose scope of practice to provide advanced life support is according to standards prescribed by this division and who has a valid certificate issued pursuant to this division. (Amended by Stats. 1986, Ch. 248, Sec. 125.)
  132. 1797.85.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

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    This section defines “exclusive operating area” for emergency medical services.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.85. “Exclusive operating area” means an EMS area or subarea defined by the emergency medical services plan for which a local EMS agency, upon the recommendation of a county, restricts operations to one or more emergency ambulance services or providers of limited advanced life support or advanced life support. (Added by Stats. 1984, Ch. 1349, Sec. 2.)
  133. 1797.86.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

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    This section defines “health systems agency.”

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.86. “Health systems agency” means a health systems agency as defined in subsection (a) of Section 300( l)-1 of Title 42 of the United States Code. (Added by Stats. 1980, Ch. 1260.)
  134. 1797.88.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

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    This section defines “Hospital” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.88. “Hospital” means an acute care hospital licensed under Chapter 2 (commencing with Section 1250) of Division 2, with a permit for basic emergency service or an out-of-state acute care hospital which substantially meets the requirements of Chapter 2 (commencing with Section 1250) of Division 2, as determined by the local EMS agency which is utilizing the hospital in the emergency medical services system, and is licensed in the state in which it is located. (Amended by Stats. 1986, Ch. 1162, Sec. 1. Effective September 26, 1986.)
  135. 1797.9.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. )

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    This division does not regulate, and does not authorize state or local regulation of, the nonmedical aspects of certain public aircraft matters.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 1. General Provisions [1797 - 1797.11] ( Chapter 1 added by Stats. 1980, Ch. 1260. ) ## 1797.9. (a) This division shall not be construed to regulate or authorize state or local regulation of any nonmedical aspects of the following: (1) Public aircraft certification or configuration. (2) Public aircraft maintenance procedures and documentation. (3) Piloting techniques and methods of piloting public aircraft. (4) Public aircraft crewmember qualifications. (5) Pilot certification or qualifications for public aircraft. (b) For purposes of this section, “public aircraft” has the same meaning as in Section 1.1 of Title 14 of the Code of Federal Regulations. (Added by Stats. 2008, Ch. 289, Sec. 2. Effective January 1, 2009.)
  136. 1797.90.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

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    “Medical control” means the medical management of the emergency medical services system under Chapter 5 starting at Section 1798.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.90. “Medical control” means the medical management of the emergency medical services system pursuant to the provisions of Chapter 5 (commencing with Section 1798). (Added by Stats. 1980, Ch. 1260.)
  137. 1797.92.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

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    This section defines “limited advanced life support” as a special prehospital emergency medical service with procedures that go beyond basic life support but are below advanced life support, as specified under Section 1797.171.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.92. “Limited advanced life support” means special service designed to provide prehospital emergency medical care limited to techniques and procedures that exceed basic life support but are less than advanced life support and are those procedures specified pursuant to Section 1797.171. (Added by Stats. 1980, Ch. 1260.)
  138. 1797.94.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

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    This section defines “Local EMS agency” as the county agency, department, or office that has primary responsibility for administering emergency medical services and is designated under Chapter 4.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.94. “Local EMS agency” means the agency, department, or office having primary responsibility for administration of emergency medical services in a county and which is designated pursuant to Chapter 4 (commencing with Section 1797.200). (Added by Stats. 1980, Ch. 1260.)
  139. 1797.95.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

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    A “mobile stroke unit” is a multijurisdictional mobile facility used as an emergency response critical care ambulance and as a diagnostic, evaluation, and treatment unit for stroke symptoms, under local EMS agency direction and physician supervision.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.95. “Mobile stroke unit” means a multijurisdictional mobile facility that serves as an emergency response critical care ambulance under the direction and approval of a local emergency medical services (EMS) agency, and as a diagnostic, evaluation, and treatment unit, providing radiographic imaging, laboratory testing, and medical treatment under the supervision of a physician in person or by telehealth, for patients with symptoms of a stroke, to the extent consistent with any federal definition of a mobile stroke unit as set forth in Section 1395m of Title 42 of the United States Code, Section 410.78 of Title 42 of the Code of Federal Regulations, and any other federal law. (Added by Stats. 2022, Ch. 772, Sec. 1. (AB 2117) Effective January 1, 2023.)
  140. 1797.97.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. )

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    This section defines “poison control center” or “PCC” as a facility that provides information and advice about poisoning or toxic exposure and is designated by the Emergency Medical Services Authority.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2. Definitions [1797.50 - 1797.97] ( Chapter 2 added by Stats. 1980, Ch. 1260. ) ## 1797.97. “Poison control center” or “PCC” means a hospital-based facility or other facility which, as a minimum, provides information and advice regarding the management of individuals who have or may have ingested or otherwise been exposed to poisonous or possibly toxic substances, and which has been designated by the Emergency Medical Services Authority according to the standards prescribed by this division. (Amended by Stats. 1987, Ch. 972, Sec. 1.)
  141. 1797.98a

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2.5. The Maddy Emergency Medical Services Fund [1797.98a - 1797.98g] ( Heading of Chapter 2.5 amended by Stats. 1998, Ch. 58, Sec. 2. )

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    Counties may create an EMS fund, and the fund money must be used and distributed for specified reimbursement and emergency medical service purposes.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2.5. The Maddy Emergency Medical Services Fund [1797.98a - 1797.98g] ( Heading of Chapter 2.5 amended by Stats. 1998, Ch. 58, Sec. 2. ) ## 1797.98a. (a) The fund provided for in this chapter shall be known as the Maddy Emergency Medical Services (EMS) Fund. (b) (1) Each county may establish an emergency medical services fund, upon the adoption of a resolution by the board of supervisors. The moneys in the fund shall be available for the reimbursements required by this chapter. The fund shall be administered by each county, except that a county electing to have the state administer its medically indigent services program may also elect to have its emergency medical services fund administered by the state. (2) Costs of administering the fund shall be reimbursed by the fund in an amount that does not exceed the actual administrative costs or 10 percent of the amount of the fund, whichever amount is lower. (3) All interest earned on moneys in the fund shall be deposited in the fund for disbursement as specified in this section. (4) Each administering agency may maintain a reserve of up to 15 percent of the amount in the portions of the fund reimbursable to physicians and surgeons, pursuant to subparagraph (A) of, and to hospitals, pursuant to subparagraph (B) of, paragraph (5). Each administering agency may maintain a reserve of any amount in the portion of the fund that is distributed for other emergency medical services purposes as determined by each county, pursuant to subparagraph (C) of paragraph (5). (5) The amount in the fund, reduced by the amount for administration and the reserve, shall be utilized to reimburse physicians and surgeons and hospitals for patients who do not make payment for emergency medical services and for other emergency medical services purposes as determined by each county according to the following schedule: (A) Fifty-eight percent of the balance of the fund shall be distributed to physicians and surgeons for emergency services provided by all physicians and surgeons, except those physicians and surgeons employed by county hospitals, in general acute care hospitals that provide basic, comprehensive, or standby emergency services pursuant to paragraph (3) or (5) of subdivision (f) of Section 1797.98e up to the time the patient is stabilized. (B) Twenty-five percent of the fund shall be distributed only to hospitals providing disproportionate trauma and emergency medical care services. (C) Seventeen percent of the fund shall be distributed for other emergency medical services purposes as determined by each county, including, but not limited to, the funding of regional poison control centers. Funding may be used for purchasing equipment and for capital projects only to the extent that these expenditures support the provision of emergency services and are consistent with the intent of this chapter. (c) The source of the moneys in the fund shall be the penalty assessment made for this purpose, as provided in Section 76000 of the Government Code. (d) Any physician and surgeon may be reimbursed for up to 50 percent of the amount claimed pursuant to subdivision (a) of Section 1797.98c for the initial cycle of reimbursements made by the administering agency in a given year, pursuant to Section 1797.98e. All funds remaining at the end of the fiscal year in excess of any reserve held and rolled over to the next year pursuant to paragraph (4) of subdivision (b) shall be distributed proportionally, based on the dollar amount of claims submitted and paid to all physicians and surgeons who submitted qualifying claims during that year. (e) Of the money deposited into the fund pursuant to Section 76000.5 of the Government Code, 15 percent shall be utilized to provide funding for all pediatric trauma centers throughout the county, both publicly and privately owned and operated. The expenditure of money shall be limited to reimbursement to physicians and surgeons, and to hospitals for patients who do not make payment for emergency care services in hospitals up to the point of stabilization, or to hospitals for expanding the services provided to pediatric trauma patients at trauma centers and other hospitals providing care to pediatric trauma patients, or at pediatric trauma centers, including the purchase of equipment. Local emergency medical services (EMS) agencies may conduct a needs assessment of pediatric trauma services in the county to allocate these expenditures. Counties that do not maintain a pediatric trauma center shall utilize the money deposited into the fund pursuant to Section 76000.5 of the Government Code to improve access to, and coordination of, pediatric trauma and emergency services in the county, with preference for funding given to hospitals that specialize in services to children, and physicians and surgeons who provide emergency care for children. Funds spent for the purposes of this section shall be known as Richie’s Fund. This subdivision shall remain in effect until January 1, 2027. (f) Costs of administering money deposited into the fund pursuant to Section 76000.5 of the Government Code shall be reimbursed from the money collected in an amount that does not exceed the actual administrative costs or 10 percent of the money collected, whichever amount is lower. This subdivision shall remain in effect until January 1, 2027. (Amended by Stats. 2016, Ch. 147, Sec. 2. (SB 867) Effective January 1, 2017.)
  142. 1797.98b

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2.5. The Maddy Emergency Medical Services Fund [1797.98a - 1797.98g] ( Heading of Chapter 2.5 amended by Stats. 1998, Ch. 58, Sec. 2. )

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    Counties with a fund must report fund implementation and status to the authority on specified dates, and the authority must send a summary to legislative committees.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2.5. The Maddy Emergency Medical Services Fund [1797.98a - 1797.98g] ( Heading of Chapter 2.5 amended by Stats. 1998, Ch. 58, Sec. 2. ) ## 1797.98b. (a) Each county establishing a fund, on January 1, 1989, and on each April 15 thereafter, shall report to the authority on the implementation and status of the Emergency Medical Services Fund. Notwithstanding Section 10231.5 of the Government Code, the authority shall compile and forward a summary of each county’s report to the appropriate policy and fiscal committees of the Legislature. Each county report, and the summary compiled by the authority, shall cover the immediately preceding fiscal year, and shall include, but not be limited to, all of the following: (1) The total amount of fines and forfeitures collected, the total amount of penalty assessments collected, and the total amount of penalty assessments deposited into the Emergency Medical Services Fund, or, if no moneys were deposited into the fund, the reason or reasons for the lack of deposits. The total amounts of penalty assessments shall be listed on the basis of each statute that provides the authority for the penalty assessment, including Sections 76000, 76000.5, and 76104 of the Government Code, and Section 42007 of the Vehicle Code. (2) The amount of penalty assessment funds collected under Section 76000.5 of the Government Code that are used for the purposes of subdivision (e) of Section 1797.98a. (3) The fund balance and the amount of moneys disbursed under the program to physicians and surgeons, for hospitals, and for other emergency medical services purposes, and the amount of money disbursed for actual administrative costs. If funds were disbursed for other emergency medical services, the report shall provide a description of each of those services. (4) The number of claims paid to physicians and surgeons, and the percentage of claims paid, based on the uniform fee schedule, as adopted by the county. (5) The amount of moneys available to be disbursed to physicians and surgeons, descriptions of the physician and surgeon claims payment methodologies, the dollar amount of the total allowable claims submitted, and the percentage at which those claims were reimbursed. (6) A statement of the policies, procedures, and regulatory action taken to implement and run the program under this chapter. (7) The name of the physician and surgeon and hospital administrator organization, or names of specific physicians and surgeons and hospital administrators, contacted to review claims payment methodologies. (8) A description of the process used to solicit input from physicians and surgeons and hospitals to review payment distribution methodology as described in subdivision (a) of Section 1797.98e. (9) An identification of the fee schedule used by the county pursuant to subdivision (e) of Section 1797.98c. (10) (A) A description of the methodology used to disburse moneys to hospitals pursuant to subparagraph (B) of paragraph (5) of subdivision (b) of Section 1797.98a. (B) The amount of moneys available to be disbursed to hospitals. (C) If moneys are disbursed to hospitals on a claims basis, the dollar amount of the total allowable claims submitted and the percentage at which those claims were reimbursed to hospitals. (11) The name and contact information of the entity responsible for each of the following: (A) Collection of fines, forfeitures, and penalties. (B) Distribution of penalty assessments into the Emergency Medical Services Fund. (C) Distribution of moneys to physicians and surgeons. (b) (1) Each county, upon request, shall make available to any member of the public the report provided to the authority under subdivision (a). (2) Each county, upon request, shall make available to any member of the public a listing of physicians and surgeons and hospitals that have received reimbursement from the Emergency Medical Services Fund and the amount of the reimbursement they have received. This listing shall be compiled on a semiannual basis. (Amended by Stats. 2014, Ch. 442, Sec. 5. (SB 1465) Effective September 18, 2014.)
  143. 1797.98c

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2.5. The Maddy Emergency Medical Services Fund [1797.98a - 1797.98g] ( Heading of Chapter 2.5 amended by Stats. 1998, Ch. 58, Sec. 2. )

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    Physicians and surgeons may seek reimbursement from the fund for qualifying emergency services claims, but must follow the claim, notice, repayment, and patient-confidentiality rules in this section.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2.5. The Maddy Emergency Medical Services Fund [1797.98a - 1797.98g] ( Heading of Chapter 2.5 amended by Stats. 1998, Ch. 58, Sec. 2. ) ## 1797.98c. (a) Physicians and surgeons wishing to be reimbursed shall submit their claims for emergency services provided to patients who do not make any payment for services and for whom no responsible third party makes any payment. (b) If, after receiving payment from the fund, a physician and surgeon is reimbursed by a patient or a responsible third party, the physician and surgeon shall do one of the following: (1) Notify the administering agency, and, after notification, the administering agency shall reduce the physician and surgeon’s future payment of claims from the fund. In the event there is not a subsequent submission of a claim for reimbursement within one year, the physician and surgeon shall reimburse the fund in an amount equal to the amount collected from the patient or third-party payer, but not more than the amount of reimbursement received from the fund. (2) Notify the administering agency of the payment and reimburse the fund in an amount equal to the amount collected from the patient or third-party payer, but not more than the amount of the reimbursement received from the fund for that patient’s care. (c) Reimbursement of claims for emergency services provided to patients by any physician and surgeon shall be limited to services provided to a patient who does not have health insurance coverage for emergency services and care, cannot afford to pay for those services, and for whom payment will not be made through any private coverage or by any program funded in whole or in part by the federal government, with the exception of claims submitted for reimbursement through Section 1011 of the federal Medicare Prescription Drug, Improvement and Modernization Act of 2003, and where all of the following conditions have been met: (1) The physician and surgeon has inquired if there is a responsible third-party source of payment. (2) The physician and surgeon has billed for payment of services. (3) Either of the following: (A) At least three months have passed from the date the physician and surgeon billed the patient or responsible third party, during which time the physician and surgeon has made two attempts to obtain reimbursement and has not received reimbursement for any portion of the amount billed. (B) The physician and surgeon has received actual notification from the patient or responsible third party that no payment will be made for the services rendered by the physician and surgeon. (4) The physician and surgeon has stopped any current, and waives any future, collection efforts to obtain reimbursement from the patient, upon receipt of moneys from the fund. (d) A listing of patient names shall accompany a physician and surgeon’s submission, and those names shall be given full confidentiality protections by the administering agency. (e) Notwithstanding any other restriction on reimbursement, a county shall adopt a fee schedule and reimbursement methodology to establish a uniform reasonable level of reimbursement from the county’s emergency medical services fund for reimbursable services. (f) For the purposes of submission and reimbursement of physician and surgeon claims, the administering agency shall adopt and use the current version of the Physicians’ Current Procedural Terminology, published by the American Medical Association, or a similar procedural terminology reference. (g) Each administering agency of a fund under this chapter shall make all reasonable efforts to notify physicians and surgeons who provide, or are likely to provide, emergency services in the county as to the availability of the fund and the process by which to submit a claim against the fund. The administering agency may satisfy this requirement by sending materials that provide information about the fund and the process to submit a claim against the fund to local medical societies, hospitals, emergency rooms, or other organizations, including materials that are prepared to be posted in visible locations. (Amended by Stats. 2005, Ch. 671, Sec. 3. Effective January 1, 2006.)
  144. 1797.98e

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2.5. The Maddy Emergency Medical Services Fund [1797.98a - 1797.98g] ( Heading of Chapter 2.5 amended by Stats. 1998, Ch. 58, Sec. 2. )

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    This section sets rules for administering the Emergency Medical Services Fund, including payment processing, recordkeeping, audits, dispute resolution, and limits on who may be paid.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2.5. The Maddy Emergency Medical Services Fund [1797.98a - 1797.98g] ( Heading of Chapter 2.5 amended by Stats. 1998, Ch. 58, Sec. 2. ) ## 1797.98e. (a) It is the intent of the Legislature that a simplified, cost-efficient system of administration of this chapter be developed so that the maximum amount of funds may be utilized to reimburse physicians and surgeons and for other emergency medical services purposes. The administering agency shall select an administering officer and shall establish procedures and time schedules for the submission and processing of proposed reimbursement requests submitted by physicians and surgeons. The schedule shall provide for disbursements of moneys in the Emergency Medical Services Fund on at least a quarterly basis to applicants who have submitted accurate and complete data for payment. When the administering agency determines that claims for payment for physician and surgeon services are of sufficient numbers and amounts that, if paid, the claims would exceed the total amount of funds available for payment, the administering agency shall fairly prorate, without preference, payments to each claimant at a level less than the maximum payment level. Each administering agency may encumber sufficient funds during one fiscal year to reimburse claimants for losses incurred during that fiscal year for which claims will not be received until after the fiscal year. The administering agency may, as necessary, request records and documentation to support the amounts of reimbursement requested by physicians and surgeons and the administering agency may review and audit the records for accuracy. Reimbursements requested and reimbursements made that are not supported by records may be denied to, and recouped from, physicians and surgeons. Physicians and surgeons found to submit requests for reimbursement that are inaccurate or unsupported by records may be excluded from submitting future requests for reimbursement. The administering officer shall not give preferential treatment to any facility, physician and surgeon, or category of physician and surgeon and shall not engage in practices that constitute a conflict of interest by favoring a facility or physician and surgeon with which the administering officer has an operational or financial relationship. A hospital administrator of a hospital owned or operated by a county of a population of 250,000 or more as of January 1, 1991, or a person under the direct supervision of that person, shall not be the administering officer. The board of supervisors of a county or any other county agency may serve as the administering officer. The administering officer shall solicit input from physicians and surgeons and hospitals to review payment distribution methodologies to ensure fair and timely payments. This requirement may be fulfilled through the establishment of an advisory committee with representatives comprised of local physicians and surgeons and hospital administrators. In order to reduce the county’s administrative burden, the administering officer may instead request an existing board, commission, or local medical society, or physicians and surgeons and hospital administrators, representative of the local community, to provide input and make recommendations on payment distribution methodologies. (b) Each provider of health services that receives payment under this chapter shall keep and maintain records of the services rendered, the person to whom rendered, the date, and any additional information the administering agency may, by regulation, require, for a period of three years from the date the service was provided. The administering agency shall not require any additional information from a physician and surgeon providing emergency medical services that is not available in the patient record maintained by the entity listed in subdivision (f) where the emergency medical services are provided, nor shall the administering agency require a physician and surgeon to make eligibility determinations. (c) During normal working hours, the administering agency may make any inspection and examination of a hospital’s or physician and surgeon’s books and records needed to carry out this chapter. A provider who has knowingly submitted a false request for reimbursement shall be guilty of civil fraud. (d) Nothing in this chapter shall prevent a physician and surgeon from utilizing an agent who furnishes billing and collection services to the physician and surgeon to submit claims or receive payment for claims. (e) All payments from the fund pursuant to Section 1797.98c to physicians and surgeons shall be limited to physicians and surgeons who, in person, provide onsite services in a clinical setting, including, but not limited to, radiology and pathology settings. (f) All payments from the fund shall be limited to claims for care rendered by physicians and surgeons to patients who are initially medically screened, evaluated, treated, or stabilized in any of the following: (1) A basic or comprehensive emergency department of a licensed general acute care hospital. (2) A site that was approved by a county prior to January 1, 1990, as a paramedic receiving station for the treatment of emergency patients. (3) A standby emergency department that was in existence on January 1, 1989, in a hospital specified in Section 124840. (4) For the 1991–92 fiscal year and each fiscal year thereafter, a facility which contracted prior to January 1, 1990, with the National Park Service to provide emergency medical services. (5) A standby emergency room in existence on January 1, 2007, in a hospital located in Los Angeles County that meets all of the following requirements: (A) The requirements of subdivision (m) of Section 70413 and Sections 70415 and 70417 of Title 22 of the California Code of Regulations. (B) Reported at least 18,000 emergency department patient encounters to the Office of Statewide Health Planning and Development in 2007 and continues to report at least 18,000 emergency department patient encounters to the Office of Statewide Health Planning and Development in each year thereafter. (C) A hospital with a standby emergency department meeting the requirements of this paragraph shall do both of the following: (i) Annually provide the State Department of Public Health and the local emergency medical services agency with certification that it meets the requirements of subparagraph (A). The department shall confirm the hospital’s compliance with subparagraph (A). (ii) Annually provide to the State Department of Public Health and the local emergency medical services agency the emergency department patient encounters it reports to the Office of Statewide Health Planning and Development to establish that it meets the requirement of subparagraph (B). (g) Payments shall be made only for emergency medical services provided on the calendar day on which emergency medical services are first provided and on the immediately following two calendar days. (h) Notwithstanding subdivision (g), if it is necessary to transfer the patient to a second facility providing a higher level of care for the treatment of the emergency condition, reimbursement shall be available for services provided at the facility to which the patient was transferred on the calendar day of transfer and on the immediately following two calendar days. (i) Payment shall be made for medical screening examinations required by law to determine whether an emergency condition exists, notwithstanding the determination after the examination that a medical emergency does not exist. Payment shall not be denied solely because a patient was not admitted to an acute care facility. Payment shall be made for services to an inpatient only when the inpatient has been admitted to a hospital from an entity specified in subdivision (f). (j) The administering agency shall compile a quarterly and yearend summary of reimbursements paid to facilities and physicians and surgeons. The summary shall include, but shall not be limited to, the total number of claims submitted by physicians and surgeons in aggregate from each facility and the amount paid to each physician and surgeon. The administering agency shall provide copies of the summary and forms and instructions relating to making claims for reimbursement to the public, and may charge a fee not to exceed the reasonable costs of duplication. (k) Each county shall establish an equitable and efficient mechanism for resolving disputes relating to claims for reimbursements from the fund. The mechanism shall include a requirement that disputes be submitted either to binding arbitration conducted pursuant to arbitration procedures set forth in Chapter 3 (commencing with Section 1282) and Chapter 4 (commencing with Section 1285) of Part 3 of Title 9 of the Code of Civil Procedure, or to a local medical society for resolution by neutral parties. (l) Physicians and surgeons shall be eligible to receive payment for patient care services provided by, or in conjunction with, a properly credentialed nurse practitioner or physician’s assistant for care rendered under the direct supervision of a physician and surgeon who is present in the facility where the patient is being treated and who is available for immediate consultation. Payment shall be limited to those claims that are substantiated by a medical record and that have been reviewed and countersigned by the supervising physician and surgeon in accordance with regulations established for the supervision of nurse practitioners and physician assistants in California. (Amended by Stats. 2008, Ch. 288, Sec. 2. Effective January 1, 2009.)
  145. 1797.98f

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2.5. The Maddy Emergency Medical Services Fund [1797.98a - 1797.98g] ( Heading of Chapter 2.5 amended by Stats. 1998, Ch. 58, Sec. 2. )

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    Certain emergency physicians, surgeons, or emergency physician groups with a gross billings arrangement with a hospital are entitled to reimbursement from the Emergency Medical Services Fund if the listed conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2.5. The Maddy Emergency Medical Services Fund [1797.98a - 1797.98g] ( Heading of Chapter 2.5 amended by Stats. 1998, Ch. 58, Sec. 2. ) ## 1797.98f. Notwithstanding any other provision of this chapter, an emergency physician and surgeon, or an emergency physician group, with a gross billings arrangement with a hospital shall be entitled to receive reimbursement from the Emergency Medical Services Fund for services provided in that hospital, if all of the following conditions are met: (a) The services are provided in a basic or comprehensive general acute care hospital emergency department, or in a standby emergency department in a small and rural hospital as defined in Section 124840. (b) The physician and surgeon is not an employee of the hospital. (c) All provisions of Section 1797.98c are satisfied, except that payment to the emergency physician and surgeon, or an emergency physician group, by a hospital pursuant to a gross billings arrangement shall not be interpreted to mean that payment for a patient is made by a responsible third party. (d) Reimbursement from the Emergency Medical Services Fund is sought by the hospital or the hospital’s designee, as the billing and collection agent for the emergency physician and surgeon, or an emergency physician group. For purposes of this section, a “gross billings arrangement” is an arrangement whereby a hospital serves as the billing and collection agent for the emergency physician and surgeon, or an emergency physician group, and pays the emergency physician and surgeon, or emergency physician group, a percentage of the emergency physician and surgeon’s or group’s gross billings for all patients. (Amended by Stats. 1998, Ch. 1016, Sec. 3. Effective January 1, 1999.)
  146. 1797.98g

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2.5. The Maddy Emergency Medical Services Fund [1797.98a - 1797.98g] ( Heading of Chapter 2.5 amended by Stats. 1998, Ch. 58, Sec. 2. )

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    Money in an Emergency Medical Services Fund is exempt from Article 3.5 of the Welfare and Institutions Code, except money in a Physician Services Account within the fund.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 2.5. The Maddy Emergency Medical Services Fund [1797.98a - 1797.98g] ( Heading of Chapter 2.5 amended by Stats. 1998, Ch. 58, Sec. 2. ) ## 1797.98g. The moneys contained in an Emergency Medical Services Fund, other than moneys contained in a Physician Services Account within the fund pursuant to Section 16952 of the Welfare and Institutions Code, shall not be subject to Article 3.5 (commencing with Section 16951) of Chapter 5 of Part 4.7 of Division 9 of the Welfare and Institutions Code. (Added by Stats. 1991, Ch. 1169, Sec. 4.)
  147. 17970.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2. Inspection [17970 - 17972] ( Article 2 added by Stats. 1961, Ch. 1844. )

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    Enforcement agency officers, employees, or agents may enter and inspect buildings or premises when needed to ensure compliance or prevent violations.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2. Inspection [17970 - 17972] ( Article 2 added by Stats. 1961, Ch. 1844. ) ## 17970. Any officer, employee, or agent of an enforcement agency may enter and inspect any building or premises whenever necessary to secure compliance with, or prevent a violation of, any provision of this part, the building standards published in the State Building Standards Code, and other rules and regulations promulgated pursuant to the provisions of this part which the enforcement agency has the power to enforce. (Amended by Stats. 1979, Ch. 1152.)
  148. 17970.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2. Inspection [17970 - 17972] ( Article 2 added by Stats. 1961, Ch. 1844. )

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    Certain small residential projects are covered, and the local building department must inspect the permitted work within 10 business days after notice of completion.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2. Inspection [17970 - 17972] ( Article 2 added by Stats. 1961, Ch. 1844. ) ## 17970.3. (a) This section shall only apply to both of the following: (1) A new residential construction of a building that contains at least 1 unit, but no more than 10 units, contains only residential units, and has no floors used for human occupancy located more than 40 feet above ground level. (2) A residential addition to an existing building that contains one to nine dwelling units, inclusive, contains only residential units, and has no floors used for human occupancy located more than 40 feet above ground level, for the purpose of adding new residential units to the existing building, not to exceed 10 total units in the building as proposed to be constructed. (b) Within 10 business days of receiving a notice of the completion of the permitted work authorized by a building permit issued for a project subject to this section, the building department of every city or county shall conduct an inspection of the permitted work. (c) If a building department of a city or county fails to meet the time limit in this section, it shall be in violation of Section 65589.5 of the Government Code. (Added by Stats. 2025, Ch. 509, Sec. 2. (AB 1308) Effective January 1, 2026.)
  149. 17970.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2. Inspection [17970 - 17972] ( Article 2 added by Stats. 1961, Ch. 1844. )

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    When a city or county gets a qualifying tenant or occupant complaint about substandard housing, it must inspect, document problems, notify the owner or operator, and provide inspection records, while avoiding unreasonable fees and conditions.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2. Inspection [17970 - 17972] ( Article 2 added by Stats. 1961, Ch. 1844. ) ## 17970.5. (a) Notwithstanding any other provision of this part, a city or county that receives a complaint from a tenant, resident, or occupant, or an agent of a tenant, resident, or occupant, regarding a potential violation of Section 17920.10 or regarding a building being substandard pursuant to Section 17920.3 shall do all of the following: (1) Inspect the building or portion thereof intended for human occupancy, including any dwelling unit, guestroom, or suite of rooms, or the premises on which it is located, that may be in violation of Section 17920.10 or that may be substandard pursuant to Section 17920.3. (2) Document any violations of Section 17920.10 that would be discovered based upon a reasonably competent and diligent visual inspection of the property and identify any building or portion thereof intended for human occupancy, including any dwelling unit, guestroom, or suite of rooms, or the premises on which it is located, that is determined to be substandard pursuant to Section 17920.3, as applicable. The documentation shall be included in the inspection report described in subdivision (d). (3) As applicable, advise the owner or operator of each violation and of each action that is required to be taken to remedy the violation and schedule a reinspection to verify correction of the violations. (b) A city or county shall perform an inspection conducted pursuant to subdivision (a) at least as promptly as that city or county conducts an inspection in response to a request for final inspection pursuant to Section 110 of the California Building Code. (c) Notwithstanding subdivisions (a) and (b), a city or county is not required to conduct an inspection in response to either of the following types of complaints: (1) A complaint that does not allege one or more substandard conditions. (2) A complaint submitted by a tenant, resident, or occupant who, within the past 180 days, submitted a complaint about the same property that the chief building inspector or their designee reasonably determined, after inspection, was frivolous or unfounded. (d) A city or county shall provide free, certified copies of an inspection report and citations issued pursuant to this section, if any, to the complaining tenant, resident, occupant, or their agent. If inspection reveals a condition potentially affecting multiple tenants, residents, or occupants, including, but not limited to, conditions relating to the premises, common areas, or structural features, then the city or county shall provide free copies of the inspection report and citations issued to all potentially affected tenants, residents, occupants, or their agents. (e) A city, county, or city and county shall not collect a fee, cost, or charge from a property owner or property owner’s agent for any inspection of, or any inspection report about, that owner’s or agent’s property that is conducted or issued pursuant to this section, unless the inspection reveals one or more material violations of Section 17920.10 or deems and declares the property substandard pursuant to Section 17920.3. (f) Nothing in this section limits or alters the existing authority of a city, county, or city and county to impose fees on rental property owners to support a rental property inspection program, or to otherwise impose generally applicable charges, fees, or assessments to cover the costs of inspections or inspection reports required by this section. (g) An inspection or report required by this section shall not be subject to any unreasonable conditions, including any requirements that: (1) The tenant, resident, occupant, or agent first make a demand for correction upon the owner of the property. (2) The tenant be current on rent. (3) The tenant otherwise be in compliance with their rental agreement. (4) The tenant, resident, or occupant not be involved in a legal dispute with the owner of the property. (h) A city or county shall not unreasonably refuse to communicate with a tenant, resident, occupant, or the agent of a tenant, resident, or occupant regarding any matter covered by this section. (i) The requirements of this section shall not be construed to impose a mandatory duty pursuant to Section 815.6 of the Government Code, and shall not be construed to affect the availability of any immunity otherwise applicable to the city or county or its employees, including, but not limited to, Sections 818.2, 818.4, 818.6, 820.2, 821, 821.2, and 821.4 of the Government Code. (j) (1) An action to enforce the requirements of this section shall be brought pursuant to Section 1085 of the Code of Civil Procedure. (2) For purposes of Section 1085 of the Code of Civil Procedure, the requirements of this section shall be construed as acts which the law specially enjoins, as a duty resulting from an office, trust, or station. (k) This section shall become operative July 1, 2022. (Added by Stats. 2021, Ch. 351, Sec. 1. (AB 838) Effective January 1, 2022. Operative July 1, 2022, by its own provisions.)
  150. 17970.7.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2. Inspection [17970 - 17972] ( Article 2 added by Stats. 1961, Ch. 1844. )

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    Local enforcement agencies must create inspection policies for certain multi-unit buildings and, when conditions are met, notify owners, describe needed fixes, and schedule a reinspection.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2. Inspection [17970 - 17972] ( Article 2 added by Stats. 1961, Ch. 1844. ) ## 17970.7. (a) By January 1, 2025, local enforcement agencies shall develop policies and procedures for inspecting a building with multiple units if an inspector or code enforcement officer has determined that a unit is substandard pursuant to Section 17920.3, or is in violation of Section 17920.10, and the inspector or code enforcement officer determines that the defects or violations have the potential to affect other units of the building. (b) The policies and procedures developed pursuant to subdivision (a) shall meet all of the following requirements: (1) Include criteria that inspectors or code enforcement officers shall use to determine if the substandard condition could reasonably affect other units, taking into account factors, including, but not limited to, the building type, age, size, type of construction, cause of the substandard condition, and history of violations. (2) Require inspectors or code enforcement officers to reasonably attempt to inspect additional units at the property, including at least units adjacent to, above, and below the unit in which the defect or violation was found, consistent with existing law and inspection practices. (3) Allow for the inspection of all of the units on the premises if severe, buildingwide defects or violations are found. (c) (1) Upon determining that a substandard condition in a unit could reasonably affect other units, the local enforcement agency shall provide the property owner with a notice or order to repair or abate within a reasonable time after the inspection is completed. (2) The local enforcement agency shall advise the owner or operator of each known violation and of each action required to remedy the violation and schedule a reinspection to verify correction of the violations. (Added by Stats. 2023, Ch. 744, Sec. 1. (AB 548) Effective January 1, 2024.)
  151. 17971.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2. Inspection [17970 - 17972] ( Article 2 added by Stats. 1961, Ch. 1844. )

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    An owner or the owner’s authorized agent may enter a building or premises when necessary to carry out instructions or required work.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2. Inspection [17970 - 17972] ( Article 2 added by Stats. 1961, Ch. 1844. ) ## 17971. The owner, or authorized agent of any owner, of any building or premises may enter the building or premises whenever necessary to carry out any instructions, or perform any work required to be done pursuant to this part, the building standards published in the State Building Standards Code, and other rules and regulations promulgated pursuant to the provisions of this part. (Amended by Stats. 1979, Ch. 1152.)
  152. 17972.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2. Inspection [17970 - 17972] ( Article 2 added by Stats. 1961, Ch. 1844. )

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    A person authorized to enter buildings under this article may not enter a dwelling at night without consent, and may not enter when occupants are absent unless there is a proper written court order.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2. Inspection [17970 - 17972] ( Article 2 added by Stats. 1961, Ch. 1844. ) ## 17972. No person authorized by this article to enter buildings shall enter any dwelling between the hours of 6 o'clock p.m. of any day and 8 o'clock a.m. of the succeeding day, without the consent of the owner or of the occupants of the dwelling, nor enter any dwelling in the absence of the occupants without a proper written order executed and issued by a court having jurisdiction to issue the order. (Added by Stats. 1961, Ch. 1844.)
  153. 17973.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.2. Exterior Elevated Elements: Inspections. [17973- 17973.] ( Article 2.2 added by Stats. 2018, Ch. 445, Sec. 2. )

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    Buildings with three or more multifamily dwelling units must have certain exterior elevated elements inspected by qualified inspectors, and owners must complete required repairs, keep records, and meet report and deadline rules.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.2. Exterior Elevated Elements: Inspections. [17973- 17973.] ( Article 2.2 added by Stats. 2018, Ch. 445, Sec. 2. ) ## 17973. (a) Exterior elevated elements that include load-bearing components in all buildings containing three or more multifamily dwelling units shall be inspected. The inspection shall be performed by a licensed architect; licensed civil or structural engineer; a building contractor holding any or all of the “A,” “B,” or “C-5” license classifications issued by the Contractors State License Board, with a minimum of five years’ experience, as a holder of the aforementioned classifications or licenses, in constructing multistory wood frame buildings; or an individual certified as a building inspector or building official from a recognized state, national, or international association, as determined by the local jurisdiction. These individuals shall not be employed by the local jurisdiction while performing these inspections. The purpose of the inspection is to determine that exterior elevated elements and their associated waterproofing elements are in a generally safe condition, adequate working order, and free from any hazardous condition caused by fungus, deterioration, decay, or improper alteration to the extent that the life, limb, health, property, safety, or welfare of the public or the occupants is not endangered. The person or business performing the inspection shall be hired by the owner of the building. (b) For purposes of this section, the following terms have the following definitions: (1) “Associated waterproofing elements” include flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to water and the elements. (2) “Exterior elevated element” means the following types of structures, including their supports and railings: balconies, decks, porches, stairways, walkways, and entry structures that extend beyond exterior walls of the building and which have a walking surface that is elevated more than six feet above ground level, are designed for human occupancy or use, and rely in whole or in substantial part on wood or wood-based products for structural support or stability of the exterior elevated element. (3) “Load-bearing components” are those components that extend beyond the exterior walls of the building to deliver structural loads from the exterior elevated element to the building. (c) The inspection required by this section shall at a minimum include: (1) Identification of each type of exterior elevated element that, if found to be defective, decayed, or deteriorated to the extent that it does not meet its load requirements, would, in the opinion of the inspector, constitute a threat to the health or safety of the occupants. (2) Assessment of the load-bearing components and associated waterproofing elements of the exterior elevated elements identified in paragraph (1) using methods allowing for evaluation of their performance by direct visual examination or comparable means of evaluating their performance. For purposes of this section, a sample of at least 15 percent of each type of exterior elevated element shall be inspected. (3) The evaluation and assessment shall address each of the following as of the date of the evaluation: (A) The current condition of the exterior elevated elements. (B) Expectations of future performance and projected service life. (C) Recommendations of any further inspection necessary. (4) A written report of the evaluation stamped or signed by the inspector presented to the owner of the building or the owner’s designated agent within 45 days of completion of the inspection. The report shall include photographs, any test results, and narrative sufficient to establish a baseline of the condition of the components inspected that can be compared to the results of subsequent inspections. In addition to the evaluation required by this section, the report shall advise which, if any, exterior elevated element poses an immediate threat to the safety of the occupants, and whether preventing occupant access or conducting emergency repairs, including shoring, are necessary. (d) (1) The inspection shall be completed by January 1, 2026, and by January 1 every six years thereafter. The inspector conducting the inspection shall produce an initial report pursuant to paragraph (4) of subdivision (c) and, if requested by the owner, a final report indicating that any required repairs have been completed. A copy of any report that recommends immediate repairs, advises that any building assembly poses an immediate threat to the safety of the occupants, or that preventing occupant access or emergency repairs, including shoring, are necessary, shall be provided by the inspector to the owner of the building and to the local enforcement agency within 15 days of completion of the report. Subsequent inspection reports shall incorporate copies of prior inspection reports, including the locations of the exterior elevated elements inspected. Local enforcement agencies may determine whether any additional information is to be provided in the report and may require a copy of the initial or final reports, or both, be submitted to the local jurisdiction. Copies of all inspection reports shall be maintained in the building owner’s permanent records for not less than two inspection cycles, and shall be disclosed and delivered to the buyer at the time of any subsequent sale of the building. (2) Notwithstanding paragraph (1), if the owner of the building confirms the presence of asbestos containing material (ACM) during the inspection process and is unable to complete the inspection as a result, the owner of the building shall have up to nine months to complete the necessary ACM abatement in accordance with applicable federal, state, and local laws. Upon completion of ACM abatement, the owner of the building shall have no more than three months to complete the inspection in paragraph (1). The owner of the building shall retain records confirming the presence of ACM and its abatement for three years after completion of the inspection. (e) The inspection of buildings for which a building permit application has been submitted on or after January 1, 2019, shall occur no later than six years following issuance of a certificate of occupancy from the local jurisdiction and shall otherwise comply with the provisions of this section. (f) If the property was inspected within three years prior to January 1, 2019, by an inspector as described in subdivision (a) and a report of that inspector was issued stating that the exterior elevated elements and associated waterproofing elements are in proper working condition and do not pose a threat to the health and safety of the public, no new inspection pursuant to this section shall be required until January 1, 2026. (g) An exterior elevated element found by the inspector that is in need of repair or replacement shall be corrected by the owner of the building. All necessary permits for repair or replacement shall be obtained from the local jurisdiction. All repair and replacement work shall be performed by a qualified and licensed contractor in compliance with all of the following: (1) The recommendations of a licensed professional described in subdivision (a). (2) Any applicable manufacturer’s specifications. (3) The California Building Standards Code, consistent with subdivision (d) of Section 17922 of the Health and Safety Code. (4) All local jurisdictional requirements. (h) (1) An exterior elevated element that the inspector advises poses an immediate threat to the safety of the occupants, or finds preventing occupant access or emergency repairs, including shoring, or both, are necessary, shall be considered an emergency condition and the owner of the building shall perform required preventive measures immediately. Immediately preventing occupant access to the exterior elevated element until emergency repairs can be completed constitutes compliance with this paragraph. Repairs of emergency conditions shall comply with the requirements of subdivision (g), be inspected by the inspector, and reported to the local enforcement agency. (2) The owner of the building requiring corrective work to an exterior elevated element that, in the opinion of the inspector, does not pose an immediate threat to the safety of the occupants, shall apply for a permit within 120 days of receipt of the inspection report. Once the permit is approved, the owner of the building shall have 120 days to make the repairs unless an extension of time is granted by the local enforcement agency. (i) (1) The owner of the building shall be responsible for complying with the requirements of this section. (2) If the owner of the building does not comply with the repair requirements within 180 days, the inspector shall notify the local enforcement agency and the owner of the building. If within 30 days of the date of the notice the repairs are not completed, the owner of the building shall be assessed a civil penalty based on the fee schedule set by the local authority of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) per day until the repairs are completed, unless an extension of time is granted by the local enforcement agency. (3) In the event that a civil penalty is assessed pursuant to this section, a building safety lien may be recorded in the county recorder’s office by the local jurisdiction in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien. (j) (1) A building safety lien authorized by this section shall specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the street address, the legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the building. (2) In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in paragraph (1) shall be recorded by the governmental agency. A safety lien and the release of the lien shall be indexed in the grantor-grantee index. (3) A building safety lien may be foreclosed by an action brought by the appropriate local jurisdiction for a money judgment. (4) Notwithstanding any other law, the county recorder may impose a fee on the city to reimburse the costs of processing and recording the lien and providing notice to the owner of the building. A city may recover from the owner of the building any costs incurred regarding the processing and recording of the lien and providing notice to the owner of the building as part of its foreclosure action to enforce the lien. (k) The continued and ongoing maintenance of exterior elevated elements in a safe and functional condition in compliance with these provisions shall be the responsibility of the owner of the building. (l) Local enforcement agencies shall have the ability to recover enforcement costs associated with the requirements of this section. (m) For any building subject to the provisions of this section that is proposed for conversion to condominiums to be sold to the public after January 1, 2019, the inspection required by this section shall be conducted prior to the first close of escrow of a separate interest in the project and shall include the inspector’s recommendations for repair or replacement of any exterior elevated element found to be defective, decayed, or deteriorated to the extent that it does not meet its load requirements, and would, in the opinion of the inspector, constitute a threat to the health or safety of the occupants. The inspection report and written confirmation by the inspector that any repairs or replacements recommended by the inspector have been completed shall be submitted to the Department of Real Estate by the proponent of the conversion and shall be a condition to the issuance of the final public report. A complete copy of the inspection report and written confirmation by the inspector that any repairs or replacements recommended by the inspector have been completed shall be included with the written statement of defects required by Section 1134 of the Civil Code, and provided to the local jurisdiction in which the project is located. The inspection, report, and confirmation of completed repairs shall be a condition of the issuance of a final inspection or certificate of occupancy by the local jurisdiction. (n) This section shall not apply to a common interest development, as defined in Section 4100 of the Civil Code. (o) The governing body of any city, county, or city and county, may enact ordinances or laws imposing requirements greater than those imposed by this section. (Amended by Stats. 2025, Ch. 22, Sec. 32. (AB 130) Effective June 30, 2025.)
  154. 17974.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.3. Inspection of Homeless Shelters [17974 - 17974.6] ( Article 2.3 added by Stats. 2021, Ch. 395, Sec. 1. )

    Verify source ↗

    Cities and counties must inspect homeless shelters, respond to qualifying complaints, issue correction notices, and provide inspection records and copies to affected occupants.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.3. Inspection of Homeless Shelters [17974 - 17974.6] ( Article 2.3 added by Stats. 2021, Ch. 395, Sec. 1. ) ## 17974.1. (a) Notwithstanding any other provision of this part, a city or county that receives a complaint from an occupant of a homeless shelter, or an agent of an occupant, that alleges a homeless shelter is substandard pursuant to Section 17920.3 shall do all of the following: (1) Inspect the homeless shelter or portion thereof intended for human occupancy that may be substandard pursuant to Section 17920.3. (2) Identify whether the homeless shelter or any portion thereof intended for human occupancy is substandard pursuant to Section 17920.3, as applicable. The documentation shall be included in the inspection report described in subdivision (h). (3) As applicable, advise the owner or operator of a homeless shelter of each violation and of each action that is required to be taken to remedy the violation. The city or county shall schedule a reinspection to verify correction of the violations. (b) Notwithstanding any other provision of this part, and consistent with Section 17970, a city or county shall perform an annual inspection on every homeless shelter located in its jurisdiction to ensure that the homeless shelter is compliant with this part. A city or county conducting an inspection pursuant to this subdivision shall comply with this section, to the extent those provisions are applicable. (c) (1) If, upon inspection, the city or county determines that a homeless shelter is substandard pursuant to Section 17920.3, the city or county shall promptly, but not later than 10 business days after the city or county completes the inspection, issue a notice to correct the violation to the owner or operator of the homeless shelter. (2) In the event that the city or county determines that a violation constitutes an imminent threat to the health and safety of the occupants of the homeless shelter, the notice of violation shall be issued immediately and served on the owner or operator of the homeless shelter. (3) In the event that the city or county determines that deficiencies, violations, or conditions exist at a homeless shelter that are dangerous, hazardous, imminently detrimental to life or health, or otherwise render the homeless shelter unfit for human habitation, the city or county may issue an emergency order directing the owner or operator to take immediate measures to rectify those deficiencies, violations, or conditions. (d) An inspection conducted pursuant to this section may be announced or unannounced. (e) The city or county shall maintain all records on file of each homeless shelter inspection. These records shall be made available to the public for inspection. (f) A city or county shall perform an inspection conducted pursuant to subdivision (a) at least as promptly as that city or county conducts an inspection in response to a request for final inspection pursuant to Section 110 of Part 2 of Division 2 of Chapter 1 of the California Building Code (Part 2 of Title 24 of the California Code of Regulations). (g) Notwithstanding subdivision (a), a city or county is not required to conduct an inspection in response to either of the following: (1) A complaint that does not allege one or more substandard conditions. (2) A complaint submitted by a tenant, resident, or occupant who, within the past 180 days, submitted a complaint about the same property that the chief building inspector or their designee reasonably determined, after inspection, was frivolous or unfounded. (h) A city or county shall provide free, certified copies of an inspection report and citations issued pursuant to this section, if any, to the complaining occupant or their agent. If the inspection reveals a condition potentially affecting multiple occupants, including, but not limited to, conditions relating to the premises, common areas, or structural features, then the city or county shall provide free copies of the inspection report and citations issued to all potentially affected occupants or their agents. (i) A city or county shall not unreasonably refuse to communicate with an occupant or the agent of an occupant regarding any matter covered by this article. (j) A city or county shall conduct an inspection pursuant to this section based on the location of the homeless shelter, in accordance with the following: (1) A city shall conduct an inspection for shelters within the city’s jurisdiction. (2) A county shall conduct an inspection for shelters within the county’s jurisdiction. (3) A city with a population under 100,000 may partner with its county to conduct an inspection pursuant to this section. (Amended by Stats. 2025, Ch. 22, Sec. 33. (AB 130) Effective June 30, 2025.)
  155. 17974.1.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.3. Inspection of Homeless Shelters [17974 - 17974.6] ( Article 2.3 added by Stats. 2021, Ch. 395, Sec. 1. )

    Verify source ↗

    A homeless shelter must prominently post occupant-rights and complaint-reporting information, and give the same notice in writing to new occupants during intake.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.3. Inspection of Homeless Shelters [17974 - 17974.6] ( Article 2.3 added by Stats. 2021, Ch. 395, Sec. 1. ) ## 17974.1.5. (a) A homeless shelter shall prominently display at the shelter information about an occupant’s rights and the process for reporting a complaint alleging a homeless shelter is substandard pursuant to Section 17920.3, including the contact information for all of the following: (1) The owner or operator of the homeless shelter. (2) The city or county. (3) The department. (b) A homeless shelter shall provide in writing the notice specified in subdivision (a) to any new occupant during intake. (Added by Stats. 2025, Ch. 22, Sec. 34. (AB 130) Effective June 30, 2025.)
  156. 17974.2.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.3. Inspection of Homeless Shelters [17974 - 17974.6] ( Article 2.3 added by Stats. 2021, Ch. 395, Sec. 1. )

    Verify source ↗

    Owners or operators of homeless shelters must fix cited violations, generally within 30 days of receiving the citation.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.3. Inspection of Homeless Shelters [17974 - 17974.6] ( Article 2.3 added by Stats. 2021, Ch. 395, Sec. 1. ) ## 17974.2. (a) The owner or operator of a homeless shelter shall be responsible for the correction of any violations for which a notice of violation has been given under this article. (b) An owner or operator of a homeless shelter shall correct each violation within 30 days of receipt of the citation. The city or county, in its sole discretion, may grant the owner or operator a 30-day extension to correct a violation. (Added by Stats. 2021, Ch. 395, Sec. 1. (AB 362) Effective January 1, 2022.)
  157. 17974.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.3. Inspection of Homeless Shelters [17974 - 17974.6] ( Article 2.3 added by Stats. 2021, Ch. 395, Sec. 1. )

    Verify source ↗

    This section says the article does not create a mandatory duty or change immunity rules, allows enforcement actions under Section 1085, lets a prevailing plaintiff recover reasonable attorney’s fees and costs, and lets the department bring a civil action to enforce the part.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.3. Inspection of Homeless Shelters [17974 - 17974.6] ( Article 2.3 added by Stats. 2021, Ch. 395, Sec. 1. ) ## 17974.3. (a) The requirements of this article shall not be construed to impose a mandatory duty pursuant to Section 815.6 of the Government Code, and shall not be construed to affect the availability of any immunity otherwise applicable to the city or county or its employees, including, but not limited to, Sections 818.2, 818.4, 818.6, 820.2, 821, 821.2, and 821.4 of the Government Code. (b) (1) An action to enforce the requirements of this article may be brought pursuant to Section 1085 of the Code of Civil Procedure. (2) A plaintiff who prevails in an action described in paragraph (1) shall be entitled to recover reasonable attorney’s fees and costs. (3) Notwithstanding any other law, including any provision of this part authorizing the department to enforce this part by means of administrative enforcement, the department may bring a civil action pursuant to this subdivision in order to enforce this part. (c) For purposes of Section 1085 of the Code of Civil Procedure, the requirements of this article shall be construed as acts that the law specially enjoins, as a duty resulting from an office, trust, or station. (Amended by Stats. 2025, Ch. 22, Sec. 35. (AB 130) Effective June 30, 2025.)
  158. 17974.4.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.3. Inspection of Homeless Shelters [17974 - 17974.6] ( Article 2.3 added by Stats. 2021, Ch. 395, Sec. 1. )

    Verify source ↗

    An owner or operator of a homeless shelter may face a civil penalty for missing correction timelines, and a city or county must not give operating funding if certain violation findings are made.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.3. Inspection of Homeless Shelters [17974 - 17974.6] ( Article 2.3 added by Stats. 2021, Ch. 395, Sec. 1. ) ## 17974.4. (a) In addition to the penalties authorized under Chapter 6 (commencing with Section 17995), an owner or operator of a homeless shelter who fails to meet the timelines to correct a violation under this article, building standards published in the State Building Standards Code relating thereto, or any other rules or regulations adopted by the department pursuant to this part, may be liable for a civil penalty in an amount determined by the city or county for each violation or for each day of a continuing violation. (b) The city or county shall not award or distribute state funding to the owner or operator of a homeless shelter for purposes of operating the shelter, if the city or county determines that any of the following exist: (1) The owner or operator fails to correct a violation within the time period specified in Section 17974.2. (2) The owner or operator has failed to correct violations in a timely manner on multiple occasions. (3) The owner or operator has been cited for a violation that is an imminent threat to the health and safety of the occupants of the homeless shelter and the owner or operator fails to take sufficient action to correct the violation or prevent similar future violations. (Added by Stats. 2021, Ch. 395, Sec. 1. (AB 362) Effective January 1, 2022.)
  159. 17974.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.3. Inspection of Homeless Shelters [17974 - 17974.6] ( Article 2.3 added by Stats. 2021, Ch. 395, Sec. 1. )

    Verify source ↗

    Cities and counties must file an annual report by April 1 to the department and state agency, and disclose certain homeless-shelter violation information when applying for state funding.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.3. Inspection of Homeless Shelters [17974 - 17974.6] ( Article 2.3 added by Stats. 2021, Ch. 395, Sec. 1. ) ## 17974.5. (a) Each city and each county shall submit a report annually to the department and the state agency by April 1 of each year that includes all of the following information: (1) The number of complaints received by the city or county, pursuant to Section 17920.3, including if the city or county did not receive any complaints. (2) Any pending uncorrected violations determined by the city or county, pursuant to Section 17974.1. (3) Any determinations by the city or county that conditions exist or existed that make or made the homeless shelter dangerous, hazardous, imminently detrimental to life or health, or otherwise render the homeless shelter unfit for human habitation. (4) A list of any emergency orders issued pursuant to paragraph (3) of subdivision (c) of Section 17974.1. (5) A list of any owners or operators who received three or more violations within any six-month period. (6) Any corrected violations from the prior year. (b) The report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (c) If a city or county applies for state funding to support the ongoing operations of a homeless shelter, the city or county shall disclose to the state agency that administers the state funding the status of any unresolved violations pursuant to this article and the names of the homeless shelter owner or operator. (d) The department or the state agency, may, pursuant to the reported information in subdivision (b), deem an owner or operator of a shelter ineligible for state funding for shelter operations. (e) The department shall withhold state funding from a city or county that fails to comply with the reporting requirements in this section or fails to take action to correct a violation of this article by a homeless shelter pursuant to Section 17974.4. (Amended by Stats. 2025, Ch. 22, Sec. 36. (AB 130) Effective June 30, 2025.)
  160. 17974.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.3. Inspection of Homeless Shelters [17974 - 17974.6] ( Article 2.3 added by Stats. 2021, Ch. 395, Sec. 1. )

    Verify source ↗

    This section states that the article is a matter of statewide concern and applies to all cities, including charter cities.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.3. Inspection of Homeless Shelters [17974 - 17974.6] ( Article 2.3 added by Stats. 2021, Ch. 395, Sec. 1. ) ## 17974.6. The Legislature finds and declares that this article addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this article applies to all cities, including charter cities. (Added by Stats. 2021, Ch. 395, Sec. 1. (AB 362) Effective January 1, 2022.)
  161. 17975.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.5. Tenant Relocation Assistance [17975 - 17975.10] ( Article 2.5 added by Stats. 2004, Ch. 473, Sec. 1. )

    Verify source ↗

    Displaced tenants meeting the section’s conditions are entitled to relocation benefits from the owner, and the local enforcement agency decides whether tenants qualify.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.5. Tenant Relocation Assistance [17975 - 17975.10] ( Article 2.5 added by Stats. 2004, Ch. 473, Sec. 1. ) ## 17975. (a) Any tenant who is displaced or subject to displacement from a residential rental unit as a result of an order to vacate or an order requiring the vacation of a residential unit by a local enforcement agency as a result of a violation so extensive and of such a nature that the immediate health and safety of the residents is endangered, shall be entitled to receive relocation benefits from the owner as specified in this article. The local enforcement agency shall determine the eligibility of tenants for benefits pursuant to this article. (b) For purposes of this section, “residential rental unit” includes a unit rented by a tenant for human habitation, regardless of the zoning designation or approved uses of the building, that is located in a building or portion thereof that is deemed or found to be a substandard building. (Amended by Stats. 2024, Ch. 487, Sec. 3. (SB 1465) Effective January 1, 2025.)
  162. 17975.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.5. Tenant Relocation Assistance [17975 - 17975.10] ( Article 2.5 added by Stats. 2004, Ch. 473, Sec. 1. )

    Verify source ↗

    Owners or designated agents must pay relocation benefits to the tenant by the stated deadlines, and the local enforcement agency must give notice in certain cases.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.5. Tenant Relocation Assistance [17975 - 17975.10] ( Article 2.5 added by Stats. 2004, Ch. 473, Sec. 1. ) ## 17975.1. (a) The relocation benefits required by this article shall be paid by the owner or designated agent to the tenant within 10 days after the date that the order to vacate is first mailed to the owner and posted on the premises, or at least 20 days prior to the vacation date set forth in the order to vacate, whichever occurs later. (b) If there are fewer than 10 days between the first posting and mailing of the order to vacate and the vacation date, the relocation benefits shall be paid by the owner or designated agent to the tenant within 24 hours after the notice is posted and mailed. The local enforcement agency shall attempt to provide telephonic or written notice to the owner to notify the owner that the benefits are payable immediately. Failure to provide the notice as specified in this section shall not relieve the owner of any obligations imposed by this article. (c) If a tenant is entitled to relocation benefits pursuant to Section 17975, the local enforcement agency shall provide either telephonic or written notice to the tenant of his or her entitlement to the benefits. Written notice may be satisfied by posting a written notice on the premises stating that tenants may be entitled to relocation benefits. (Added by Stats. 2004, Ch. 473, Sec. 1. Effective January 1, 2005.)
  163. 17975.10.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.5. Tenant Relocation Assistance [17975 - 17975.10] ( Article 2.5 added by Stats. 2004, Ch. 473, Sec. 1. )

    Verify source ↗

    When a local code enforcement agency seeks reimbursement under an optional local program for tenant relocation payments, it must first look for available federally funded tenant relocation assistance.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.5. Tenant Relocation Assistance [17975 - 17975.10] ( Article 2.5 added by Stats. 2004, Ch. 473, Sec. 1. ) ## 17975.10. When seeking reimbursement under an optional local program intended to advance relocation payments to displaced tenants when the owner fails, neglects, or refuses to pay relocation payments to displaced tenants pursuant to the provisions of this article, the local code enforcement agency shall first explore the potential of using funds from any available federally funded program that provides tenant relocation assistance in cases of local code enforcement activities. (Added by Stats. 2004, Ch. 473, Sec. 1. Effective January 1, 2005.)
  164. 17975.2.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.5. Tenant Relocation Assistance [17975 - 17975.10] ( Article 2.5 added by Stats. 2004, Ch. 473, Sec. 1. )

    Verify source ↗

    The owner or designated agent must provide relocation payments to tenants in each residential unit, based on two months of fair market rent plus an amount for utility service deposits.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.5. Tenant Relocation Assistance [17975 - 17975.10] ( Article 2.5 added by Stats. 2004, Ch. 473, Sec. 1. ) ## 17975.2. The relocation payment shall be made available by the owner or designated agent to the tenant in each residential unit and shall be a sum equal to two months of the established fair market rent for the area as determined by the Department of Housing and Urban Development pursuant to Section 1437f of Title 42 of the United States Code.In addition, the relocation payment shall include an amount, as determined by the local enforcement agency, sufficient for utility service deposits. The relocation benefits shall be paid by the owner or designated agent in addition to the return, as required by law, of any security deposits held by the owner. The relocation benefits shall be payable on a per residential unit basis. (Added by Stats. 2004, Ch. 473, Sec. 1. Effective January 1, 2005.)
  165. 17975.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.5. Tenant Relocation Assistance [17975 - 17975.10] ( Article 2.5 added by Stats. 2004, Ch. 473, Sec. 1. )

    Verify source ↗

    An owner or designated agent who fails to make timely relocation-benefit payments may owe the tenant 1.5 times the benefits due.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.5. Tenant Relocation Assistance [17975 - 17975.10] ( Article 2.5 added by Stats. 2004, Ch. 473, Sec. 1. ) ## 17975.3. (a) Any owner or designated agent who does not make timely payment as specified in Section 17975.1 shall be liable to the tenant for an amount equal to 11/2 times the relocation benefits payable pursuant to Section 17975.2. (b) Subdivision (a) shall not apply when relocation benefits are payable fewer than 10 days after the date the order to vacate is first mailed and posted on the premises, if the owner or designated agent makes the payment no later than 10 days after the order is first mailed and posted. (Added by Stats. 2004, Ch. 473, Sec. 1. Effective January 1, 2005.)
  166. 17975.4.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.5. Tenant Relocation Assistance [17975 - 17975.10] ( Article 2.5 added by Stats. 2004, Ch. 473, Sec. 1. )

    Verify source ↗

    Some tenants lose relocation benefits if they caused the vacate condition, while unaffected tenants in certain multiunit cases may still be eligible. Owners or designated agents are not liable in specified disaster or no-appeals situations.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.5. Tenant Relocation Assistance [17975 - 17975.10] ( Article 2.5 added by Stats. 2004, Ch. 473, Sec. 1. ) ## 17975.4. (a) No relocation benefits pursuant to this article shall be payable to any tenant who has caused or substantially contributed to the condition giving rise to the order to vacate, as determined by the local enforcement agency, nor shall any relocation benefits be payable to a tenant if any guest or invitee of the tenant has caused or substantially contributed to the condition giving rise to the order to vacate, as determined by the local enforcement agency. The local enforcement agency shall make the determination whether a tenant, tenant’s guest, or invitee caused or substantially contributed to the condition, giving rise to the order to vacate at the same time that the order to vacate the tenants is made. (b) An owner or designated agent shall not be liable for relocation benefits if the local enforcement agency determines that the unit or structure became unsafe or hazardous as the result of a fire, flood, earthquake, or other event beyond the control of the owner or the designated agent and the owner or designated agent did not cause or contribute to the condition. (c) In the situations described in subdivisions (a) and (b), the tenants of units within a multiunit structure who did not cause or substantially contribute to the uninhabitable condition shall be eligible for relocation benefits from the local enforcement agency that elects at its discretion to pay relocation payments in accordance with Section 17975.2 to those tenants. (d) An owner or designated agent shall not be liable to make any payment as prescribed by this section if the local enforcement agency does not provide for an appeals process for the order to pay relocation benefits. (Added by Stats. 2004, Ch. 473, Sec. 1. Effective January 1, 2005.)
  167. 17975.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.5. Tenant Relocation Assistance [17975 - 17975.10] ( Article 2.5 added by Stats. 2004, Ch. 473, Sec. 1. )

    Verify source ↗

    If an owner or agent does not pay relocation payments, the local enforcement agency may advance them, recover the amounts and related costs, and place them as a lien. The owner or agent can appeal within 20 days after the itemized accounting.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.5. Tenant Relocation Assistance [17975 - 17975.10] ( Article 2.5 added by Stats. 2004, Ch. 473, Sec. 1. ) ## 17975.5. (a) If the owner or designated agent fails, neglects, or refuses to pay relocation payments to a displaced tenant or a tenant subject to displacement, except in the situations described in Section 17975.4, the local enforcement agency may advance relocation payments as specified in Section 17975.2. If the local enforcement agency, pursuant to locally adopted policies, offers to advance relocation payments in accordance with Section 17975.2, the local enforcement agency shall be entitled to recover from the owner any amount paid to a tenant pursuant to this section except payments made pursuant to subdivision (c) of Section 17975.4. The local enforcement agency shall also be entitled to recover from the owner or designated agent an additional amount equal to the sum of one-half the amount so paid, but not to exceed ten thousand dollars ($10,000), as a penalty for failure to make timely payment to the displaced tenant, and the local enforcement agency’s actual costs, including direct and indirect costs, of administering the provision of benefits to the displaced tenant. (b) Any amounts paid by the local enforcement agency, except pursuant to subdivision (c) of Section 17975.4, and any applicable penalties and actual costs may also be placed as a lien against the property by the local enforcement agency by recording the lien in the county recorder’s office of the county in which the real property is located. (c) Any local enforcement agency that elects, at its own option pursuant to subdivision (a), to advance relocation payments to displaced tenants when the owner or designated agent fails, neglects, or refuses to pay relocation payments to displaced tenants, shall prior to instituting any action to collect from the owner or designated agent relocation benefits paid pursuant to this section, or to impose a lien therefor, send to the owner or designated agent by first-class mail, postage prepaid, at the owner’s address as shown on the last equalized assessment roll, an itemized accounting of all benefits paid by the local enforcement agency to the owner’s tenants, and any penalties or costs the local enforcement agency is seeking to recover as authorized pursuant to subdivision (a). If the owner or designated agent contends that not all of the benefits are chargeable to the owner or designated agent because the recipients were not displaced tenants, no benefits were payable pursuant to Section 17975.4, or on other grounds, the owner or designated agent shall submit a written appeal to the director of the local enforcement agency within 20 days after receipt by the owner or designated agent of the itemized accounting. The director, or the director’s designee, shall hold an administrative hearing for the purpose of determining the amount of benefits paid that are chargeable to the owner or designated agent, and any penalties or costs the local enforcement agency may recover pursuant to subdivision (a). The local enforcement agency shall provide an administrative appeal process for any appeal of a decision of the director or the director’s designee. The final decision of the local appellate body shall be subject to Section 1094.5 of the Code of Civil Procedure. If the owner fails to obtain a more favorable decision than that set forth in the itemized accounting, the owner or designated agent shall be liable to the local enforcement agency for the costs of the administrative hearing and appeal, not to exceed five thousand dollars ($5,000). The failure to receive the itemized accounting shall not relieve the owner of any obligation to the city or county. (d) Nothing in this article shall be construed to require the local enforcement agency to pay any relocation benefits to any tenant, or assume any obligation, requirement, or duty of the owner pursuant to this article. (Added by Stats. 2004, Ch. 473, Sec. 1. Effective January 1, 2005.)
  168. 17975.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.5. Tenant Relocation Assistance [17975 - 17975.10] ( Article 2.5 added by Stats. 2004, Ch. 473, Sec. 1. )

    Verify source ↗

    An owner may avoid reimbursing the local enforcement agency for certain relocation charges if the owner contests the charge in time, but must pay the appealed charge within 30 days after an adverse decision is mailed.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.5. Tenant Relocation Assistance [17975 - 17975.10] ( Article 2.5 added by Stats. 2004, Ch. 473, Sec. 1. ) ## 17975.6. Notwithstanding subdivision (b) of Section 17975.1 and subdivision (a) of Section 17975.5, if there are fewer than 10 days between the first posting and mailing of the order to vacate and the vacation date, and if the local enforcement agency advances relocation benefits to any tenants, prior to the expiration of the 10-day period, the owner shall not be required to reimburse the local enforcement agency for a charge identified on the itemized accounting described in subdivision (c) of Section 17975.5 if the owner contests the charge within 30 days after the itemized accounting is mailed to the owner or designated agent pursuant to subdivision (c) of Section 17975.5. The owner or designated agent shall pay the charge that was the subject of the appeal pursuant to subdivision (c) of Section 17975.5 within 30 days after an adverse decision by the director of the local enforcement agency on the appeal is mailed to the owner. (Added by Stats. 2004, Ch. 473, Sec. 1. Effective January 1, 2005.)
  169. 17975.7.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.5. Tenant Relocation Assistance [17975 - 17975.10] ( Article 2.5 added by Stats. 2004, Ch. 473, Sec. 1. )

    Verify source ↗

    The remedies under this article are cumulative and add to any other remedies available under federal, state, or local law.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.5. Tenant Relocation Assistance [17975 - 17975.10] ( Article 2.5 added by Stats. 2004, Ch. 473, Sec. 1. ) ## 17975.7. The remedies under this article are cumulative and in addition to any other remedies available under federal, state, or local law. (Added by Stats. 2004, Ch. 473, Sec. 1. Effective January 1, 2005.)
  170. 17975.8.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.5. Tenant Relocation Assistance [17975 - 17975.10] ( Article 2.5 added by Stats. 2004, Ch. 473, Sec. 1. )

    Verify source ↗

    A local agency order requiring tenant displacement must include a summary of this article’s provisions.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.5. Tenant Relocation Assistance [17975 - 17975.10] ( Article 2.5 added by Stats. 2004, Ch. 473, Sec. 1. ) ## 17975.8. Any order by a local agency that requires a tenant’s displacement and is issued to an owner, designated agent, or tenant, shall be accompanied by a summary of the provisions of this article. Failure to provide a summary shall not relieve any person of the obligations imposed by this article. (Added by Stats. 2004, Ch. 473, Sec. 1. Effective January 1, 2005.)
  171. 17975.9.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.5. Tenant Relocation Assistance [17975 - 17975.10] ( Article 2.5 added by Stats. 2004, Ch. 473, Sec. 1. )

    Verify source ↗

    This section says the article is meant to help provide relocation funds to tenants, and it does not limit other legal rights or an owner's procedural due process rights.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 - 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) ## CHAPTER 5. Administration and Enforcement [17960 - 17992] ( Chapter 5 added by Stats. 1961, Ch. 1844. ) ## ARTICLE 2.5. Tenant Relocation Assistance [17975 - 17975.10] ( Article 2.5 added by Stats. 2004, Ch. 473, Sec. 1. ) ## 17975.9. While it is the intent of the Legislature in enacting this article to provide an expedient means by which to provide relocation funds to tenants, nothing in this article shall be construed to limit the rights available to owners, designated agents, or tenants under any other provision of law. Furthermore, nothing in this article shall be construed to deprive an owner of procedural due process rights guaranteed by law, including, but not limited to, a right to file a judicial action against a local enforcement agency that has failed to proceed in a manner required by law. (Added by Stats. 2004, Ch. 473, Sec. 1. Effective January 1, 2005.)
  172. 1798.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 5. Medical Control [1798 - 1798.8] ( Chapter 5 added by Stats. 1980, Ch. 1260. )

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    The local EMS agency’s medical director controls emergency medical services medical direction and management, and the system must meet authority standards.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 5. Medical Control [1798 - 1798.8] ( Chapter 5 added by Stats. 1980, Ch. 1260. ) ## 1798. (a) The medical direction and management of an emergency medical services system shall be under the medical control of the medical director of the local EMS agency. This medical control shall be maintained in accordance with standards for medical control established by the authority. (b) Medical control shall be within an EMS system which complies with the minimum standards adopted by the authority, and which is established and implemented by the local EMS agency. (c) In the event a medical director of a base station questions the medical effect of a policy of a local EMS agency, the medical director of the base station shall submit a written statement to the medical director of the local EMS agency requesting a review by a panel of medical directors of other base stations. Upon receipt of the request, the medical director of a local EMS agency shall promptly convene a panel of medical directors of base stations to evaluate the written statement. The panel shall be composed of all the medical directors of the base stations in the region, except that the local EMS medical director may limit the panel to five members. This subdivision shall remain in effect only until the authority adopts more comprehensive regulations that supersede this subdivision. (Amended by Stats. 1988, Ch. 1390, Sec. 6.)
  173. 1798.100.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Base Hospitals [1798.100 - 1798.105] ( Heading of Article 1 amended by Stats. 1984, Ch. 1391, Sec. 5. )

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    The local EMS agency may designate and contract with approved hospitals or other entities to provide medical direction for prehospital emergency medical care, and those designated entities must provide that medical direction.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Base Hospitals [1798.100 - 1798.105] ( Heading of Article 1 amended by Stats. 1984, Ch. 1391, Sec. 5. ) ## 1798.100. In administering the EMS system, the local EMS agency, with the approval of its medical director, may designate and contract with hospitals or other entities approved by the medical director of the local EMS agency pursuant to Section 1798.105 to provide medical direction of prehospital emergency medical care personnel, within its area of jurisdiction, as either base hospitals or alternative base stations, respectively. Hospitals or other entities so designated and contracted with as base hospitals or alternative base stations shall provide medical direction of prehospital emergency medical care provided for the area defined by the local EMS agency in accordance with policies and procedures established by the local EMS agency and approved by the medical director of the local EMS agency pursuant to Sections 1797.220 and 1798. (Amended by Stats. 1988, Ch. 1390, Sec. 10.)
  174. 1798.101.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Base Hospitals [1798.100 - 1798.105] ( Heading of Article 1 amended by Stats. 1984, Ch. 1391, Sec. 5. )

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    This section lets a local EMS agency use or authorize nonpermit hospitals or facilities in rural areas when normal base-hospital use is blocked by geographic or other extenuating circumstances, if required approvals and patient-care protections are in place.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Base Hospitals [1798.100 - 1798.105] ( Heading of Article 1 amended by Stats. 1984, Ch. 1391, Sec. 5. ) ## 1798.101. (a) In rural areas, as determined by the authority, where the use of a base hospital having a basic emergency medical service special permit pursuant to subdivision (c) of Section 1277 is precluded because of geographic or other extenuating circumstances, a local EMS agency, in order to assure medical direction to prehospital emergency medical care personnel, may utilize other hospitals which do not have a basic emergency medical service permit but which have been approved by the medical director of the local EMS agency for utilization as a base hospital, if both of the following apply: (1) Medical control is maintained in accordance with policies and procedures established by the local EMS agency, with the approval of the medical director of the local EMS agency. (2) Approval is secured from the authority. (b) (1) In rural areas, as determined by the authority, when the use of a hospital having a basic emergency medical service special permit is precluded because of geographic or other extenuating circumstances, as determined by the authority, the medical director of the local EMS agency may authorize another facility which does not have this special permit to receive patients requiring emergency medical services if the facility has adequate staff and equipment to provide these services, as determined by the medical director of the local EMS agency. (2) A local EMS agency which utilizes in its EMS system any facility which does not have a special permit to receive patients requiring emergency medical care pursuant to paragraph (1) shall submit to the authority, as part of the plan required by Section 1797.254, protocols approved by the medical director of the local EMS agency to ensure that the use of that facility is in the best interests of patient care. The protocols addressing patient safety and the use of the nonpermit facility shall take into account, but not be limited to, the following: (A) The medical staff, and the availability of the staff at various times to care for patients requiring emergency medical services. (B) The ability of staff to care for the degree and severity of patient injuries. (C) The equipment and services available at the facility necessary to care for patients requiring emergency medical services and the severity of their injuries. (D) The availability of more comprehensive emergency medical services and the distance and travel time necessary to make the alternative emergency medical services available. (E) The time of day and any limitations which may apply for a nonpermit facility to treat patients requiring emergency medical services. (3) Any change in the status of a nonpermit facility, authorized pursuant to this subdivision to care for patients requiring emergency medical services, with respect to protocols and the facility’s ability to care for the patients shall be reported by the facility to the local EMS agency. (Amended by Stats. 1988, Ch. 1390, Sec. 11.)
  175. 1798.102.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Base Hospitals [1798.100 - 1798.105] ( Heading of Article 1 amended by Stats. 1984, Ch. 1391, Sec. 5. )

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    A base hospital must supervise prehospital treatment, triage, transport, advanced life support or limited advanced life support, and personnel program compliance through direct medical supervision.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Base Hospitals [1798.100 - 1798.105] ( Heading of Article 1 amended by Stats. 1984, Ch. 1391, Sec. 5. ) ## 1798.102. The base hospital shall supervise prehospital treatment, triage, and transport, advanced life support or limited advanced life support, and monitor personnel program compliance by direct medical supervision. (Amended by Stats. 1984, Ch. 1391, Sec. 17.)
  176. 1798.104.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Base Hospitals [1798.100 - 1798.105] ( Heading of Article 1 amended by Stats. 1984, Ch. 1391, Sec. 5. )

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    The base hospital must provide, or arrange to have provided, EMS prehospital personnel training and continuing education under local EMS policies and procedures.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Base Hospitals [1798.100 - 1798.105] ( Heading of Article 1 amended by Stats. 1984, Ch. 1391, Sec. 5. ) ## 1798.104. The base hospital shall provide, or cause to be provided, EMS prehospital personnel training and continuing education in accordance with local EMS policies and procedures. (Amended by Stats. 1984, Ch. 1391, Sec. 18.)
  177. 1798.105.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Base Hospitals [1798.100 - 1798.105] ( Heading of Article 1 amended by Stats. 1984, Ch. 1391, Sec. 5. )

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    The local EMS medical director may approve an alternative base station to provide medical direction when no qualified base hospital is available, if the stated conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 1. Base Hospitals [1798.100 - 1798.105] ( Heading of Article 1 amended by Stats. 1984, Ch. 1391, Sec. 5. ) ## 1798.105. The medical director of the local EMS agency may approve an alternative base station, as defined in Section 1798.53, to provide medical direction to advanced life support or limited advanced life support personnel for an area of the local EMS system for which no qualified base hospital is available, to provide that medical direction, providing that both the following conditions are met: (a) Medical control is maintained in accordance with policies and procedures established by the local EMS agency, with the approval of the medical director of the local EMS agency. (b) Any responsibilities of a base station hospital, including review of run reports or provision of continuing education, which are not assigned to the alternative base station, are assigned to either the local EMS agency, a base hospital for another area of the local EMS system, or a receiving hospital which has been approved by the medical director to, and has agreed to, assume the responsibilities. (Added by Stats. 1988, Ch. 1390, Sec. 12.)
  178. 1798.150.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Critical Care [1798.150- 1798.150.] ( Article 2 added by Stats. 1980, Ch. 1260. )

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    The authority may establish guidelines for hospital facilities based on critical care capabilities, working with affected medical organizations.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2. Critical Care [1798.150- 1798.150.] ( Article 2 added by Stats. 1980, Ch. 1260. ) ## 1798.150. The authority may establish, in cooperation with affected medical organizations, guidelines for hospital facilities according to critical care capabilities. (Added by Stats. 1980, Ch. 1260.)
  179. 1798.160.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Regional Trauma Systems [1798.160 - 1798.169] ( Article 2.5 added by Stats. 1983, Ch. 1067, Sec. 2. )

    Verify source ↗

    This section defines “trauma case,” “trauma facility,” and “trauma care system” for the article.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Regional Trauma Systems [1798.160 - 1798.169] ( Article 2.5 added by Stats. 1983, Ch. 1067, Sec. 2. ) ## 1798.160. Except where the context otherwise requires, the following definitions govern the construction of this article: (a) “Trauma case” means any injured person who has been evaluated by prehospital personnel according to policies and procedures established by the local EMS agency pursuant to Section 1798.163 and who has been found to require transportation to a trauma facility. (b) “Trauma facility” means a health facility, as defined by regulation, which is capable of treating one or more types of potentially seriously injured persons and which has been designated as part of the regional trauma care system by the local EMS agency. A facility may be a trauma facility for one or more services, as designated by the local EMS agency. (c) “Trauma care system” means an arrangement under which trauma cases are transported to, and treated by, the appropriate trauma facility. (Amended by Stats. 1984, Ch. 1735, Sec. 5. Effective September 30, 1984.)
  180. 1798.161.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Regional Trauma Systems [1798.160 - 1798.169] ( Article 2.5 added by Stats. 1983, Ch. 1067, Sec. 2. )

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    The authority must submit draft trauma system regulations to the commission by July 1, 1984, adopt them by July 1, 1985, and may grant limited exceptions in some cases.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Regional Trauma Systems [1798.160 - 1798.169] ( Article 2.5 added by Stats. 1983, Ch. 1067, Sec. 2. ) ## 1798.161. (a) The authority shall submit draft regulations specifying minimum standards for the implementation of trauma care systems to the commission on or before July 1, 1984, and shall adopt the regulations on or before July 1, 1985. These regulations shall provide specific requirements for the care of trauma cases and shall ensure that the trauma care system is fully coordinated with all elements of the existing emergency medical services system. The regulations shall be adopted as provided in Section 1799.50, and shall include, but not be limited to, all of the following: (1) Prehospital care management guidelines for triage and transportation of trauma cases. (2) Flow patterns of trauma cases and geographic boundaries regarding trauma and nontrauma cases. (3) The number and type of trauma cases necessary to assure that trauma facilities will provide quality care to trauma cases referred to them. (4) The resources and equipment needed by trauma facilities to treat trauma cases. (5) The availability and qualifications of the health care personnel, including physicians and surgeons, treating trauma cases within a trauma facility. (6) Data collection regarding system operation and patient outcome. (7) Periodic performance evaluation of the trauma system and its components. (b) The authority may grant an exception to a portion of the regulations adopted pursuant to subdivision (a) upon substantiation of need by a local EMS agency that, as defined in the regulations, compliance with that requirement would not be in the best interests of the persons served within the affected local EMS area. (Amended by Stats. 1984, Ch. 1735, Sec. 6. Effective September 30, 1984.)
  181. 1798.162.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Regional Trauma Systems [1798.160 - 1798.169] ( Article 2.5 added by Stats. 1983, Ch. 1067, Sec. 2. )

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    A local emergency medical services agency may implement a trauma care system only if it meets the authority’s minimum standards and the required plan has been submitted and approved; before submitting the plan, the agency must hold a public hearing and notify hospitals and other interested parties.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Regional Trauma Systems [1798.160 - 1798.169] ( Article 2.5 added by Stats. 1983, Ch. 1067, Sec. 2. ) ## 1798.162. (a) A local emergency medical services agency may implement a trauma care system only if the system meets the minimum standards set forth in the regulations for implementation established by the authority and the plan required by Section 1797.257 has been submitted to, and approved by, the authority. Prior to submitting the plan for the trauma care system to the authority, a local emergency medical services agency shall hold a public hearing and shall give adequate notice of the public hearing to all hospitals and other interested parties in the area proposed to be included in the system. This subdivision does not preclude a local EMS agency from adopting trauma care system standards which are more stringent than those established by the regulations. (b) Notwithstanding subdivision (a) or any other provision of this article, the Santa Clara County Emergency Medical Services Agency may implement a trauma care system prior to the adoption of regulations by the authority pursuant to Section 1798.161. If the Santa Clara County Emergency Medical Services Agency implements a trauma care system pursuant to this subdivision prior to the adoption of those regulations by the authority, the agency shall prepare and submit to the authority a trauma care system plan which conforms to any regulations subsequently adopted by the authority. (Amended by Stats. 1984, Ch. 1735, Sec. 7. Effective September 30, 1984.)
  182. 1798.163.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Regional Trauma Systems [1798.160 - 1798.169] ( Article 2.5 added by Stats. 1983, Ch. 1067, Sec. 2. )

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    A local emergency medical services agency that implements a trauma care system must set policies and procedures that match the authority’s minimum regulatory standards.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Regional Trauma Systems [1798.160 - 1798.169] ( Article 2.5 added by Stats. 1983, Ch. 1067, Sec. 2. ) ## 1798.163. A local emergency medical services agency implementing a trauma care system shall establish policies and procedures which are concordant and consistent with the minimum standards set forth in the regulations adopted by the authority. This section does not preclude a local EMS agency from adopting trauma care system standards which are more stringent than those established by the regulations. (Amended by Stats. 1984, Ch. 1735, Sec. 8. Effective September 30, 1984.)
  183. 1798.164.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Regional Trauma Systems [1798.160 - 1798.169] ( Article 2.5 added by Stats. 1983, Ch. 1067, Sec. 2. )

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    A local emergency medical services agency may charge trauma facility designation fees, must send an annual report if it charges those fees, and the authority may set the report format.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Regional Trauma Systems [1798.160 - 1798.169] ( Article 2.5 added by Stats. 1983, Ch. 1067, Sec. 2. ) ## 1798.164. (a) A local emergency medical services agency may charge a fee to an applicant seeking initial or continuing designation as a trauma facility in an amount sufficient to cover the costs directly related to the designation of trauma facilities pursuant to Section 1798.165 and to the development of the plans prepared pursuant to Sections 1797.257 and 1797.258, and subdivision (b) of Section 1798.162. (b) Each local emergency medical services agency charging fees pursuant to subdivision (a) shall annually provide a report to the authority and to each trauma facility having paid a fee to the agency. The report shall contain sufficient detail to apprise facilities of the specific application of fees collected and to assure the authority that fees collected were expended in compliance with subdivision (a). (c) The authority may establish a prescribed format for the report required in subdivision (b). (Amended by Stats. 1988, Ch. 768, Sec. 1.)
  184. 1798.165.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Regional Trauma Systems [1798.160 - 1798.169] ( Article 2.5 added by Stats. 1983, Ch. 1067, Sec. 2. )

    Verify source ↗

    Local EMS agencies may designate trauma facilities, but facilities and providers are limited in how they may be designated and how trauma-related terms may be used.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Regional Trauma Systems [1798.160 - 1798.169] ( Article 2.5 added by Stats. 1983, Ch. 1067, Sec. 2. ) ## 1798.165. (a) Local emergency medical services agencies may designate trauma facilities as part of their trauma care system pursuant to the regulations promulgated by the authority. (b) The health facility shall only be designated to provide the level of trauma care and service for which it is qualified and which is included within the system implemented by the agency. (c) No health care provider shall use the terms “trauma facility,” “trauma hospital,” “trauma center,” “trauma care provider,” “trauma vehicle,” or similar terminology in its signs or advertisements, or in printed materials and information it furnishes to the general public, unless the use is authorized by the local EMS agency. (Amended by Stats. 1985, Ch. 570, Sec. 1.)
  185. 1798.166.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Regional Trauma Systems [1798.160 - 1798.169] ( Article 2.5 added by Stats. 1983, Ch. 1067, Sec. 2. )

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    If a local emergency medical services agency chooses to implement a trauma care system on or after January 1, 1984, it must develop and submit a plan to the authority under the regulations already in place before implementation.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Regional Trauma Systems [1798.160 - 1798.169] ( Article 2.5 added by Stats. 1983, Ch. 1067, Sec. 2. ) ## 1798.166. A local emergency medical services agency which elects to implement a trauma care system on or after January 1, 1984, shall develop and submit a plan to the authority according to the regulations established prior to the implementation. (Added by Stats. 1983, Ch. 1067, Sec. 2.)
  186. 1798.167.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Regional Trauma Systems [1798.160 - 1798.169] ( Article 2.5 added by Stats. 1983, Ch. 1067, Sec. 2. )

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    This section says the article does not limit a health care facility’s authority to provide services it is licensed to provide.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Regional Trauma Systems [1798.160 - 1798.169] ( Article 2.5 added by Stats. 1983, Ch. 1067, Sec. 2. ) ## 1798.167. Nothing in this article shall be construed to restrict the authority of a health care facility to provide a service for which it has received a license pursuant to Chapter 2 (commencing with Section 1250) of Division 2. (Added by Stats. 1983, Ch. 1067, Sec. 2.)
  187. 1798.168.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Regional Trauma Systems [1798.160 - 1798.169] ( Article 2.5 added by Stats. 1983, Ch. 1067, Sec. 2. )

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    This section says the article does not change the boundaries of any local emergency medical services agency that existed on January 1, 1984.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Regional Trauma Systems [1798.160 - 1798.169] ( Article 2.5 added by Stats. 1983, Ch. 1067, Sec. 2. ) ## 1798.168. Nothing in this article shall be construed as changing the boundaries of any local emergency medical services agency in existence on January 1, 1984. (Added by Stats. 1983, Ch. 1067, Sec. 2.)
  188. 1798.169.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Regional Trauma Systems [1798.160 - 1798.169] ( Article 2.5 added by Stats. 1983, Ch. 1067, Sec. 2. )

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    This section says the article cannot be read to restrict the California Highway Patrol’s use of a helicopter for missions the department decides are in the public’s best interests.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 2.5. Regional Trauma Systems [1798.160 - 1798.169] ( Article 2.5 added by Stats. 1983, Ch. 1067, Sec. 2. ) ## 1798.169. Nothing in this article shall be construed as restricting the use of a helicopter of the Department of the California Highway Patrol from performing missions which the department determines are in the best interests of the people of the State of California. (Added by Stats. 1983, Ch. 1067, Sec. 2.)
  189. 1798.170.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3. Transfer Agreements [1798.170 - 1798.172] ( Article 3 added by Stats. 1980, Ch. 1260. )

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    A local EMS agency may develop triage and transfer protocols for moving patients to designated facilities inside or outside its jurisdiction.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3. Transfer Agreements [1798.170 - 1798.172] ( Article 3 added by Stats. 1980, Ch. 1260. ) ## 1798.170. A local EMS agency may develop triage and transfer protocols to facilitate prompt delivery of patients to appropriate designated facilities within and without its area of jurisdiction. Considerations in designating a facility shall include, but shall not be limited to, the following: (a) A general acute care hospital’s consistent ability to provide on-call physicians and services for all emergency patients regardless of ability to pay. (b) The sufficiency of hospital procedures to ensure that all patients who come to the emergency department are examined and evaluated to determine whether or not an emergency condition exists. (c) The hospital’s compliance with local EMS protocols, guidelines, and transfer agreement requirements. (Amended by Stats. 1987, Ch. 1240, Sec. 16.)
  190. 1798.172.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3. Transfer Agreements [1798.170 - 1798.172] ( Article 3 added by Stats. 1980, Ch. 1260. )

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    Local EMS agencies must set transfer-agreement guidelines and review public comment; general acute care hospitals may not transfer a person for nonmedical reasons unless the receiving facility has agreed in advance.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3. Transfer Agreements [1798.170 - 1798.172] ( Article 3 added by Stats. 1980, Ch. 1260. ) ## 1798.172. (a) The local EMS agency shall establish guidelines and standards for completion and operation of formal transfer agreements between hospitals with varying levels of care in the area of jurisdiction of the local EMS agency consistent with Sections 1317 to 1317.9a, inclusive, and Chapter 5 (commencing with Section 1798). Each local EMS agency shall solicit and consider public comment in drafting guidelines and standards. These guidelines shall include provision for suggested written agreements for the type of patient, initial patient care treatments, requirements of interhospital care, and associated logistics for transfer, evaluation, and monitoring of the patient. (b) Notwithstanding subdivision (a), and in addition to Section 1317, a general acute care hospital licensed under Chapter 2 (commencing with Section 1250) of Division 2 shall not transfer a person for nonmedical reasons to another health facility unless that other facility receiving the person agrees in advance of the transfer to accept the transfer. (Amended by Stats. 1988, Ch. 888, Sec. 6. Effective September 14, 1988.)
  191. 1798.175.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3.5. Use of “Emergency” [1798.175- 1798.175.] ( Article 3.5 added by Stats. 1986, Ch. 1377, Sec. 1. )

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    The section generally bars persons or public agencies from using “emergency” or similar wording in names or advertising to present themselves as emergency medical service providers, unless they meet listed requirements.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 3.5. Use of “Emergency” [1798.175- 1798.175.] ( Article 3.5 added by Stats. 1986, Ch. 1377, Sec. 1. ) ## 1798.175. (a) No person or public agency shall advertise itself as, or hold itself out as, providing emergency medical services, by using in its name or advertising the word “emergency,” or any derivation thereof, or any words which suggest that it is staffed and equipped to provide emergency medical services, unless the person or public agency satisfies one of the following requirements: (1) Is a general acute care hospital providing approved standby, basic, or comprehensive emergency medical services regulated by this chapter. (2) Meets all of the following minimum standards: (A) Emergency services are available in the facility seven days a week, 24 hours a day. (B) Has equipment, medication, and personnel experienced in the provision of services needed to treat life-, limb-, or function-threatening conditions. (C) Diagnostic radiology and clinical laboratory services are provided by persons on duty or on call and available when needed. (D) At least one physician who is trained and experienced in the provision of emergency medical care who is on duty or on call so as to be immediately available to the facility. (E) Medical records document the name of each patient who seeks care, as well as the disposition of each patient upon discharge. (F) A roster of speciality physicians who are available for referral, consultation, and speciality services is maintained and available. (G) Policies and procedures define the scope and conduct of treatment provided, including procedures for the management of specific types of emergencies. (H) The quality and appropriateness of emergency services are evaluated at least annually as part of a quality assurance program. (I) Provides information to the public that describes the capabilities of the facility, including the scope of services provided, the manner in which the facility complies with the requirements of this section pertaining to the availability and qualifications of personnel or services, and the manner in which the facility cooperates with the patient’s primary care physician in followup care. (J) Clearly identifies the responsible professional or professionals and the legal owner or owners of the facility in its promotion, advertising, and solicitations. (K) Transfer agreements are in effect at all times with one or more general acute care hospitals which provide basic or comprehensive emergency medical services wherein patients requiring more definitive care will be expeditiously transferred and receive prompt hospital care. Reasonable care shall be exercised to determine whether an emergency requiring more definitive care exists and the person seeking emergency care shall be assisted in obtaining these services, including transportation services, in every way reasonable under the circumstances. (b) Nothing in this article shall be construed to require the licensing or certification of any person or public agency meeting the minimum standards of paragraph (2) of subdivision (a), nor to exempt from licensure those health facilities covered by paragraph (1) of subdivision (a). (c) Nothing in this article shall be construed to: (1) Prohibit a physician in private practice, an outpatient department of a general acute care hospital whether located on or off the premises of the hospital, or other entity authorized to offer medical services from advertising itself as, or otherwise holding itself out as, providing urgent, immediate, or prompt medical services, or from using in its name or advertising the words “urgent,” “prompt,” “immediate,” any derivative thereof, or other words which suggest that it is staffed and equipped to provide urgent, prompt, or immediate medical services. (2) Prohibit prehospital emergency medical care personnel certified pursuant to, or any state or local agencies established pursuant to, this division, or any emergency vehicle operating within the emergency medical services system from using the word “emergency” in the title, classification, or designation of the personnel, agency, or vehicle. (d) Any person or public agency using the word “emergency” or any derivation thereof in its name or advertising on January 1, 1987, but which would be prohibited from using the word or derivation thereof by this article, shall have until January 1, 1988, to comply with this article. (Added by Stats. 1986, Ch. 1377, Sec. 1.)
  192. 1798.180.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 4. Poison Control Centers [1798.180 - 1798.183] ( Article 4 added by Stats. 1984, Ch. 1391, Sec. 19. )

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    The authority must set standards and service-area criteria for poison control centers, and may designate centers that meet them. Others may not hold themselves out as poison advice services or use poison-control titles unless they are designated or provide poison information for their own products.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 4. Poison Control Centers [1798.180 - 1798.183] ( Article 4 added by Stats. 1984, Ch. 1391, Sec. 19. ) ## 1798.180. (a) The authority shall establish minimum standards for the operation of poison control centers. (b) The authority shall establish geographical service areas and criteria for designation of regional poison control centers. The authority may designate poison control centers which have met the standards established pursuant to subdivision (a), in accordance with the criteria adopted pursuant to this subdivision. (c) No person or persons, business, agency, organization, or other entity, whether public or private, shall hold itself out as providing a poison advice service or use the term poison control center, poison advice center, or any other term which implies that it is qualified to provide advice on the treatment or handling of poisons in its advertising, name, or in printed materials and information it furnishes to the general public unless that entity meets one of the following conditions: (1) Has been designated as a poison control center by the authority. (2) Is a company or organization which provides a poison information service for products or chemicals which it manufactures or distributes. (d) Nothing in this section shall prohibit a qualified health care professional, within his or her level of professional expertise, from providing advice regarding poisoning or poisons to his or her patient or patients upon request or whenever he or she deems it warranted in the exercise of his or her professional judgment, as otherwise permitted by law. (Amended by Stats. 1987, Ch. 972, Sec. 2.)
  193. 1798.181.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 4. Poison Control Centers [1798.180 - 1798.183] ( Article 4 added by Stats. 1984, Ch. 1391, Sec. 19. )

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    The authority must consolidate the number of poison control centers when it determines the consolidation will save costs.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 4. Poison Control Centers [1798.180 - 1798.183] ( Article 4 added by Stats. 1984, Ch. 1391, Sec. 19. ) ## 1798.181. The authority shall consolidate the number of poison control centers if it is determined by the authority that the consolidation will result in cost savings. (Added by Stats. 1992, Ch. 1366, Sec. 1. Effective October 27, 1992.)
  194. 1798.182.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 4. Poison Control Centers [1798.180 - 1798.183] ( Article 4 added by Stats. 1984, Ch. 1391, Sec. 19. )

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    The authority may let a poison control center contract with an out-of-state entity to provide poison control services for part of the required 24-hour coverage if the center cannot provide service all day and the other entity provides substantially the same services.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 4. Poison Control Centers [1798.180 - 1798.183] ( Article 4 added by Stats. 1984, Ch. 1391, Sec. 19. ) ## 1798.182. The authority may authorize a poison control center, instead of providing poison control services directly, to contract with an entity in another state to provide poison control services during any part of the 24-hour period for which the center is required to provide poison control services, if both of the following conditions are met: (a) The center is unable to provide poison control services 24 hours a day. (b) The entity in the other state provides substantially the same poison control services as required under Section 1798.180, and regulations adopted pursuant thereto. An entity in another state shall not be deemed not to provide substantially the same poison control services solely because the staff of the entity is licensed in the other state, and not licensed in the State of California. (Added by Stats. 1993, Ch. 236, Sec. 1. Effective January 1, 1994.)
  195. 1798.183.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 4. Poison Control Centers [1798.180 - 1798.183] ( Article 4 added by Stats. 1984, Ch. 1391, Sec. 19. )

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    The authority may let a poison control center operate its poison control services for less than 24 hours a day when the authority thinks that is necessary.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 6. Facilities [1798.100 - 1798.183] ( Chapter 6 added by Stats. 1980, Ch. 1260. ) ## ARTICLE 4. Poison Control Centers [1798.180 - 1798.183] ( Article 4 added by Stats. 1984, Ch. 1391, Sec. 19. ) ## 1798.183. The authority may authorize a poison control center to provide poison control services for fewer than 24 hours a day, as the authority deems necessary. (Added by Stats. 1993, Ch. 236, Sec. 2. Effective January 1, 1994.)
  196. 1798.2.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 5. Medical Control [1798 - 1798.8] ( Chapter 5 added by Stats. 1980, Ch. 1260. )

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    A base hospital must implement the policies and procedures set by the local EMS agency and approved by that agency’s medical director.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 5. Medical Control [1798 - 1798.8] ( Chapter 5 added by Stats. 1980, Ch. 1260. ) ## 1798.2. The base hospital shall implement the policies and procedures established by the local EMS agency and approved by the medical director of the local EMS agency for medical direction of prehospital emergency medical care personnel. (Amended by Stats. 1988, Ch. 1390, Sec. 7.)
  197. 1798.200.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 7. Penalties [1798.200 - 1798.211] ( Chapter 7 added by Stats. 1980, Ch. 1260. )

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    This section lets employers and EMS authorities investigate EMT-I, EMT-II, and EMT-P misconduct and impose discipline, and it requires notices and deadlines tied to those investigations.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 7. Penalties [1798.200 - 1798.211] ( Chapter 7 added by Stats. 1980, Ch. 1260. ) ## 1798.200. (a) (1) (A) Except as provided in paragraph (2), an employer of an EMT-I or EMT-II may conduct investigations, as necessary, and take disciplinary action against an EMT-I or EMT-II who is employed by that employer for conduct in violation of subdivision (c). The employer shall notify the medical director of the local EMS agency that has jurisdiction in the county in which the alleged violation occurred within three days when an allegation has been validated as a potential violation of subdivision (c). (B) Each employer of an EMT-I or EMT-II employee shall notify the medical director of the local EMS agency that has jurisdiction in the county in which a violation related to subdivision (c) occurred within three days after the EMT-I or EMT-II is terminated or suspended for a disciplinary cause, the EMT-I or EMT-II resigns following notification of an impending investigation based upon evidence that would indicate the existence of a disciplinary cause, or the EMT-I or EMT-II is removed from EMT-related duties for a disciplinary cause after the completion of the employer’s investigation. (C) At the conclusion of an investigation, the employer of an EMT-I or EMT-II may develop and implement, in accordance with the guidelines for disciplinary orders, temporary suspensions, and conditions of probation adopted pursuant to Section 1797.184, a disciplinary plan for the EMT-I or EMT-II. Upon adoption of the disciplinary plan, the employer shall submit that plan to the local EMS agency within three working days. The employer’s disciplinary plan may include a recommendation that the medical director of the local EMS agency consider taking action against the holder’s certificate pursuant to paragraph (3). (2) If an EMT-I or EMT-II is not employed by an ambulance service licensed by the Department of the California Highway Patrol or a public safety agency or if that ambulance service or public safety agency chooses not to conduct an investigation pursuant to paragraph (1) for conduct in violation of subdivision (c), the medical director of a local EMS agency shall conduct the investigations, and, upon a determination of disciplinary cause, take disciplinary action as necessary against the EMT-I or EMT-II. At the conclusion of these investigations, the medical director shall develop and implement, in accordance with the recommended guidelines for disciplinary orders, temporary orders, and conditions of probation adopted pursuant to Section 1797.184, a disciplinary plan for the EMT-I or EMT-II. The medical director’s disciplinary plan may include action against the holder’s certificate pursuant to paragraph (3). (3) The medical director of the local EMS agency may, upon a determination of disciplinary cause and in accordance with regulations for disciplinary processes adopted pursuant to Section 1797.184, deny, suspend, or revoke any EMT-I or EMT-II certificate issued under this division, or may place any EMT-I or EMT-II certificate holder on probation, upon the finding by that medical director of the occurrence of any of the actions listed in subdivision (c) and the occurrence of one of the following: (A) The EMT-I or EMT-II employer, after conducting an investigation, failed to impose discipline for the conduct under investigation, or the medical director makes a determination that the discipline imposed was not according to the guidelines for disciplinary orders and conditions of probation and the conduct of the EMT-I or EMT-II certificate holder constitutes grounds for disciplinary action against the certificate. (B) Either the employer of an EMT-I or EMT-II further determines, after an investigation conducted under paragraph (1), or the medical director determines, after an investigation conducted under paragraph (2), that the conduct requires disciplinary action against the certificate. (4) The medical director of the local EMS agency, after consultation with the employer of an EMT-I or EMT-II, may temporarily suspend, prior to a hearing, any EMT-I or EMT-II certificate or both EMT-I and EMT-II certificates upon a determination that both of the following conditions have been met: (A) The certificate holder has engaged in acts or omissions that constitute grounds for revocation of the EMT-I or EMT-II certificate. (B) Permitting the certificate holder to continue to engage in the certified activity without restriction would pose an imminent threat to the public health or safety. (5) If the medical director of the local EMS agency temporarily suspends a certificate, the local EMS agency shall notify the certificate holder that their EMT-I or EMT-II certificate is suspended and shall identify the reasons therefor. Within three working days of the initiation of the suspension by the local EMS agency, the agency and employer shall jointly investigate the allegation in order for the agency to make a determination of the continuation of the temporary suspension. All investigatory information not otherwise protected by law held by the agency and employer shall be shared between the parties via facsimile transmission or overnight mail relative to the decision to temporarily suspend. The local EMS agency shall decide, within 15 calendar days, whether to serve the certificate holder with an accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. If the certificate holder files a notice of defense, the hearing shall be held within 30 days of the local EMS agency’s receipt of the notice of defense. The temporary suspension order shall be deemed vacated if the local EMS agency fails to make a final determination on the merits within 15 days after the administrative law judge renders the proposed decision. (6) The medical director of the local EMS agency shall refer, for investigation and discipline, any complaint received on an EMT-I or EMT-II to the relevant employer within three days of receipt of the complaint, pursuant to subparagraph (A) of paragraph (1) of subdivision (a). (b) (1) The authority may deny, suspend, or revoke an EMT-P license issued under this division, or may place an EMT-P license issued under this division, or may place an EMT-P licenseholder on probation upon the finding by the director of the occurrence of any of the actions listed in subdivision (c). Proceedings against an EMT-P license or licenseholder shall be held in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (2) On and after January 1, 2023, the Paramedic Disciplinary Review Board shall act on appeals of the authority’s final decision to place a licenseholder on probation, suspend or revoke an EMT-P license, and consider appeals regarding denial of licensure, pursuant to Article 2.5 (commencing with Section 1797.125) of Chapter 3 of this division. (c) Any of the following actions shall be considered evidence of a threat to the public health and safety and may result in the denial, suspension, or revocation of a certificate or license issued under this division, or in the placement on probation of a certificate holder or licenseholder under this division: (1) Fraud in the procurement of any certificate or license under this division. (2) Gross negligence. (3) Repeated negligent acts. (4) Incompetence. (5) The commission of any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, and duties of prehospital personnel. (6) Conviction of any crime that is substantially related to the qualifications, functions, and duties of prehospital personnel. The record of conviction or a certified copy of the record shall be conclusive evidence of the conviction. (7) Violating or attempting to violate directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this division or the regulations adopted by the authority pertaining to prehospital personnel. (8) Violating or attempting to violate any federal or state statute or regulation that regulates narcotics, dangerous drugs, or controlled substances. (9) Addiction to, the excessive use of, or the misuse of, alcoholic beverages, narcotics, dangerous drugs, or controlled substances. (10) Functioning outside the supervision of medical control in the field care system operating at the local level, except as authorized by any other license or certification. (11) Demonstration of irrational behavior or occurrence of a physical disability to the extent that a reasonable and prudent person would have reasonable cause to believe that the ability to perform the duties normally expected may be impaired. (12) Unprofessional conduct exhibited by any of the following: (A) The mistreatment or physical abuse of any patient resulting from force in excess of what a reasonable and prudent person trained and acting in a similar capacity while engaged in the performance of their duties would use if confronted with a similar circumstance. Nothing in this section shall be deemed to prohibit an EMT-I, EMT-II, or EMT-P from assisting a peace officer, or a peace officer who is acting in the dual capacity of peace officer and EMT-I, EMT-II, or EMT-P, from using that force that is reasonably necessary to effect a lawful arrest or detention. (B) The failure to maintain confidentiality of patient medical information, except as disclosure is otherwise permitted or required by law in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code. (C) The commission of any sexually related offense specified under Section 290 of the Penal Code. (d) The information shared among EMT-I, EMT-II, and EMT-P employers, medical directors of local EMS agencies, the authority, and EMT-I and EMT-II certifying entities shall be deemed to be an investigative communication that is exempt from public disclosure as a public record pursuant to Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code. A formal disciplinary action against an EMT-I, EMT-II, or EMT-P shall be considered a public record available to the public, unless otherwise protected from disclosure pursuant to state or federal law. (e) For purposes of this section, “disciplinary cause” means an act that is substantially related to the qualifications, functions, and duties of an EMT-I, EMT-II, or EMT-P and is evidence of a threat to the public health and safety described in subdivision (c). (Amended by Stats. 2022, Ch. 28, Sec. 85. (SB 1380) Effective January 1, 2023.)
  198. 1798.201.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 7. Penalties [1798.200 - 1798.211] ( Chapter 7 added by Stats. 1980, Ch. 1260. )

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    The medical director of the local EMS agency may review information about an EMT-P licenseholder’s possible misconduct, and the authority must consult that medical director when deciding discipline.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 7. Penalties [1798.200 - 1798.211] ( Chapter 7 added by Stats. 1980, Ch. 1260. ) ## 1798.201. (a) When information comes to the attention of the medical director of the local EMS agency that an EMT-P licenseholder has committed any act or omission that appears to constitute grounds for disciplinary action under this division, the medical director of the local EMS agency may evaluate the information to determine if there is reason to believe that disciplinary action may be necessary. (b) If the medical director sends a recommendation to the authority for further investigation or discipline of the licenseholder, the recommendation shall include all documentary evidence collected by the medical director in evaluating whether or not to make that recommendation. The recommendation and accompanying evidence shall be deemed in the nature of an investigative communication and be protected by the provisions listed in Section 7920.505 of the Government Code. In deciding what level of disciplinary action is appropriate in the case, the authority shall consult with the medical director of the local EMS agency. (Amended by Stats. 2021, Ch. 615, Sec. 238. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  199. 1798.202.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 7. Penalties [1798.200 - 1798.211] ( Chapter 7 added by Stats. 1980, Ch. 1260. )

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    This section lets the director of the authority or the medical director of the local EMS agency temporarily suspend an EMT-P license before a hearing if certain findings are made.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 7. Penalties [1798.200 - 1798.211] ( Chapter 7 added by Stats. 1980, Ch. 1260. ) ## 1798.202. (a) The director of the authority or the medical director of the local EMS agency, after consultation with the relevant employer, may temporarily suspend, prior to hearing, any EMT-P license upon a determination that: (1) the licensee has engaged in acts or omissions that constitute grounds for revocation of the EMT-P license; and (2) permitting the licensee to continue to engage in the licensed activity, or permitting the licensee to continue in the licensed activity without restriction, would present an imminent threat to the public health or safety. When the suspension is initiated by the local EMS agency, subdivision (b) shall apply. When the suspension is initiated by the director of the authority, subdivision (c) shall apply. (b) The local EMS agency shall notify the licensee that his or her EMT-P license is suspended and shall identify the reasons therefor. Within three working days of the initiation of the suspension by the local EMS agency, the agency shall transmit to the authority, via facsimile transmission or overnight mail, all documentary evidence collected by the local EMS agency relative to the decision to temporarily suspend. Within two working days of receipt of the local EMS agency’s documentary evidence, the director of the authority shall determine the need for the licensure action. Part of that determination shall include an evaluation of the need for continuance of the suspension during the licensure action review process. If the director of the authority determines that the temporary suspension order should not continue, the authority shall immediately notify the licensee that the temporary suspension is lifted. If the director of the authority determines that the temporary suspension order should continue, the authority shall immediately notify the licensee of the decision to continue the temporary suspension and shall, within 15 calendar days of receipt of the EMS agency’s documentary evidence, serve the licensee with a temporary suspension order and accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (c) The director of the authority shall initiate a temporary suspension with the filing of a temporary suspension order and accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code and shall notify the director of the local EMS agency, and the relevant employer. (d) If the licensee files a notice of defense, the hearing shall be held within 30 days of the authority’s receipt of the notice of defense. The temporary suspension order shall be deemed vacated if the authority fails to make a final determination on the merits within 15 days after the administrative law judge renders the proposed decision. (Repealed and added by Stats. 1994, Ch. 709, Sec. 8. Effective January 1, 1995.)
  200. 1798.205.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 7. Penalties [1798.200 - 1798.211] ( Chapter 7 added by Stats. 1980, Ch. 1260. )

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    The local EMS agency must review alleged transfer-protocol violations and, if it finds a violation, take corrective action and notify the State Department of Health Services for certain violations.

    ## Health and Safety Code - HSC ## DIVISION 2.5. EMERGENCY MEDICAL SERVICES [1797 - 1863] ( Division 2.5 added by Stats. 1980, Ch. 1260. ) ## CHAPTER 7. Penalties [1798.200 - 1798.211] ( Chapter 7 added by Stats. 1980, Ch. 1260. ) ## 1798.205. Any alleged violations of local EMS agency transfer protocols, guidelines, or agreements shall be evaluated by the local EMS agency. If the local EMS agency has concluded that a violation has occurred, it shall take whatever corrective action it deems appropriate within its jurisdiction, including referrals to the district attorney under Sections 1798.206 and 1798.208 and shall notify the State Department of Health Services if it concludes that any violation of Sections 1317 to 1317.9a, inclusive, has occurred. (Added by Stats. 1987, Ch. 1240, Sec. 18.)

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