Legislature(1997 - 1998)
04/16/1997 09:07 AM Senate HES
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SB 164 AUTHORITY OF EMERGENCY MED TECHS
Number 001
CHAIRMAN WILKEN called the Senate Health, Education & Social
Services Committee (HES) to order at 9:07 a.m. and introduced
SB 164 as the first order of business before the committee.
BETH HAGEVIG , Staff to Senator Wilken, read the following Sponsor
Statement into the record:
Senate Bill 164 repairs a long overdue shortcoming in our public
safety network. Specifically, it provides EMTs with appropriate
and relevant authority at the scene of an accident as well as
during responses to medical emergencies in homes, without creating
potential conflict between emergency personnel. SB 164 is intended
to protect EMTs who arrive first on the scene of an accident or
medical emergency, or who are the only emergency responders to
arrive for some time, as is the case in many rural areas.
Currently, we ask emergency medical technicians to perform actions
necessary to their duties such as:
*controlling and directing activities at the scene of an accident;
*temporarily blocking or redirecting traffic to avoid the scene of
an accident;
*trespassing upon property in order to respond to an emergency
call;
*entering a building, including a private residence, or premises
where report of an injury or illness has taken place; and
*directing the removal or destruction of a motor vehicle or other
thing in order to prevent further harm to injured or ill
individuals;
without giving them the proper legal authority to do so. By taking
for granted that EMTs are expected to perform these duties in the
absence of any legal authority, we leave hundreds of men and women
vulnerable to the lack of cooperation on the part of the public and
potential liable suits.
Alaska relies heavily on its emergency medical personnel,
especially in rural areas where law enforcement and fire personnel
are relatively few in numbers. Just as we expect EMTs to protect
our safety in an emergency situation, we should reciprocate this
service, and give EMTs the proper legal authority to do their jobs
without compromising their personal safety.
CHAIRMAN WILKEN referred the committee to the information in the
packet which detailed the levels of EMTs in Alaska. BETH HAGEVIG
noted that ETTs although listed with the levels of EMTs, are not
technically EMTs.
Number 094
CRAIG LEWIS , Alaska EMS Association and Interior Region Emergency
Medical Services Council Inc., urged the support of SB 164. Mr.
Lewis believed that the committee packet included documents
regarding cases in other states where EMTs without this authority
were injured and held liable after the fact. The EMTs in rural
settings perform those duties listed. Mr. Lewis noted that
customarily there is a responsible person in charge, sometimes
called the Chief Medic. SB 164 does not compromise nor conflict
with any existing law enforcement or fire fighting authority.
SB 164 provides legal protection for EMTs responding in locations
where the trooper response is delayed or there are no volunteer
fire fighters to assume the role.
SENATOR GREEN referred to line 14 on page 1 when noting that during
the Millers Reach fire lots of people began directing traffic
without consistent identification that resulted in fist to cuffs
and later arrests. In SB 164, what provides consistent
identification of those in authority? CRAIG LEWIS pointed out that
SB 164 is not designed to deal with a wild land fire circumstance
as in Millers Reach. Mr. Lewis believed the bill to address motor
vehicle accidents or illnesses in homes. The majority of EMTs are
in uniform or wear some sort of patch.
CHAIRMAN WILKEN did not want just anyone to claim to be an EMT and
end up directing traffic. Should SB 164 contain language
indicating the need for EMTs to carry identification or wear a
uniform in order to know that the person is truly an EMT if
challenged? CRAIG LEWIS acknowledged that the involvement of
bystanders and the question of challenging of the EMTs is
complicated. The EMTs have credentials and cards which explain the
certification as well as uniforms. EMTs are trained in dealing
with the public. The definitions and standards defining an EMT
seem to already address the issue of identification.
Number 213
ELLEN WOFFORD , EMT-III with Delta Rescue Squad, supported SB 164.
Many EMTs are volunteers and therefore may come upon a scene and
not be in the uniform, but do carry badges and perhaps have a hat
indicating the person's EMT status.
TOM DEAN , Chief of the Tok EMS, believed he was sort of responsible
for this legislation because he questioned whether Alaskan EMTs had
authority after reading an article discussing a similar situation
in another state. SB 164 addresses what is done on a regular basis
by EMTs. Mr. Dean noted that in his area, EMTs often arrive 30
minutes to an hour before troopers at motor vehicle accidents.
SB 164 merely gives authority to EMTs to do what they are already
doing. Mr. Dean encouraged the passage of SB 164.
MARK JOHNSON , Chief of the Section of Community Health & Emergency
Medical Services in DHSS, informed the committee that the Section
of Community Health & Emergency Medical Services was responsible
for planning, coordinating, and implementing a statewide emergency
medical services system which includes the certification of all
EMTs and ambulance services. With regard to ETTs, those persons
are not equivalent to EMTs. ETTs, first responders, would not be
covered under this statute. Mr. Johnson explained that if someone
is certified by his section then, that person would receive a
certificate, a wallet card, and patches. Mr. Johnson supported
SB 164.
CHAIRMAN WILKEN inquired as to the number of people involved from
the EMT-I level to MICP. MARK JOHNSON stated that approximately
4,000 people are certified statewide.
Number 295
SENATOR WARD asked if SB 164 was enacted, would Martin Buser be
sent to jail if during an emergency situation an EMT told him not
to go home and he did. BETH HAGEVIG said that she would have to
confer with legal on that issue. Placing EMTs as enforcers was not
the intent of this legislation; the intent was to give EMTs the
authority to do what they are already doing. In general when EMTs
arrive on the scene, the EMTs rely on law enforcement to perform
enforcement duties.
SENATOR WARD restated his question. BETH HAGEVIG noted that SB 16
was modeled after the fire fighter authority legislation in which
there is a penalty if a fire fighter's instructions are disobeyed.
Ms. Hagevig reiterated that she would need to confer with an
attorney on this matter.
MARK JOHNSON believed that there was no enforcement authority with
SB 164. The reason for SB 164 is to protect EMTs; most EMTs do not
want enforcement authority. Mr. Johnson also deferred to legal
advice.
SENATOR GREEN believed Mr. Johnson, but noted that during an
ongoing emergency the functions between the various responding
groups can become blurred. This legislation may not be the proper
place to address this issue, the ability to deputize. Senator
Green referred to lines 3 and 4 on page 2; is that a typical
standard? MARK JOHNSON believed that if EMS receives a call then
that gives EMS reasonable authority to enter on the basis of that
call. This simply clarifies that. BETH HAGEVIG reiterated that
SB 164 was drafted almost verbatim from the fire fighter authority
legislation.
In response to Senator Ward, CRAIG LEWIS reiterated that the intent
of SB 164 was to provide authority not enforcement. In general,
persons who violate statutes are penalized and if SB 164 becomes
law then the penalties relevant to that would apply. There is a
$1,000 fine for failing to comply with a fire fighter's
instructions which is specifically stated in that legislation.
That is not stated in SB 164.
Number 383
SENATOR WARD asked if all persons covered under SB 164 were
required to carry photo identification. CRAIG LEWIS said no,
although most have a card issued by the state which identifies the
person and level of skill. MARK JOHNSON also replied no to Senator
Ward's inquiry.
SENATOR WARD noted that police officers are not always in uniform,
but do have identification beyond a badge, a cap, or a patch. TOM
DEAN reiterated that in the Millers Reach fire, EMTs would not be
in control in such a major fire. SENATOR WARD informed everyone of
another situation in which a person with identification took
control of an emergency situation and instructed those present to
move away from the victim. Unbeknownst to the EMT person, one of
the bystanders was a relative. Without the proper identification,
the situation could have been very difficult. TOM DEAN assumed
that there was a reason that there were instructions to separate
the people from the victim.
CHAIRMAN WILKEN redirected the conversation to the question of
identification. MARK JOHNSON reiterated that all the certified
EMTs are issued a wallet card, patches and a certificate.
CHAIRMAN WILKEN asked if adding language requiring that the EMT
certification card be carried, which is not a photo identification,
would address the identification concerns. SENATOR WARD suggested
that a specific background or designation on the person's drivers
license could be utilized to signify their EMT status. MARK
JOHNSON deferred to the DMV, but did note that SB 38 would require,
in addition to the organ donor specification, a Do Not Resuscitate
order as well. If SB 38 passes, that is a lot of information on
the drivers license.
CHAIRMAN WILKEN suggested that SB 164 be held to work on this
matter. SB 164 was held to Friday's agenda.
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