HB 1330-FN - AS AMENDED BY THE HOUSE
22Feb2024... 0818h
2024 SESSION
24-2377
10/05
HOUSE BILL 1330-FN
SPONSORS: Rep. Proulx, Hills. 15
COMMITTEE: Criminal Justice and Public Safety
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AMENDED ANALYSIS
This bill establishes a disciplinary review panel to consult, review disciplinary investigation findings, and make determinations for the discipline of licensed emergency medical service providers. The bill also requires procedures for the removal of disciplined licensee's names from public records.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22Feb2024... 0818h 24-2377
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Emergency Medical and Trauma Services; Disciplinary Review. The introductory paragraph of RSA 153-A:13, I is repealed and reenacted to read as follows:
I. The EMS disciplinary review panel under paragraph IV shall deny an application for issuance or reissuance of a license, or suspend, or revoke a license, when the panel finds that the applicant is guilty of any of the following acts or offenses:
2 Procedures for Disciplinary Review. Amend RSA 153-A:13, III to read as follows:
III. A denial, suspension, or revocation under this section by the EMS disciplinary review panel under paragraph IV shall be in accordance with RSA 541-A.
3 New Paragraphs; Emergency Medical Services; Disciplinary Review Panel Established. Amend RSA 153-A:13 by inserting after paragraph III the following new paragraphs:
IV.(a) There is established an EMS disciplinary review panel comprised of 3 members, one representing each of the following New Hampshire EMS boards or committees: the emergency medical and trauma services coordinating board; the medical control board; and the trauma medical review committee. Panel members and/or their designee shall be members of, and appointed by the body they will represent, in a process determined by that body.
(b) The disciplinary review panel shall be provided and review the findings of the director's investigation pursuant to RSA 153-A:14; and by majority decision of the full panel, shall approve license denials, the reissuance of licenses, and the suspension or revocation of a license.
(c) Unless a time-frame extension is deemed necessary to complete its work, the panel shall review and act on a matter before it within 90 days. The panel shall provide a status update to the director every 30 days thereafter, until the matter is resolved. The director shall provide timely written notification to the licensee indicating any need for an extension, and a brief status update every 30 days thereafter, until the matter is resolved.
(d) Nothing in this section shall prevent the director from issuing a letter of concern or an emergency suspension of an EMS provider's license. In such cases, the emergency suspension shall remain in place pending further action by the disciplinary review panel.
V. The division shall remove a licensee's name from its public list of the issuance of suspensions, or revocations 7 years from the date of disciplinary action; or in the event of a licensee's death, within 30 days of a request for removal and verification of death by the New Hampshire department of state's division of vital records administration, or equivalent agency of another state.
4 Emergency Medical and Trauma Services; Investigation. Amend RSA 153-A:14 to read as follows:
153-A:14 Investigations. The director shall investigate any complaint regarding the actions of any licensee licensed under this chapter or when the director has reason to believe that any licensed or unlicensed individual or entity is in violation of this chapter or any rules adopted pursuant to this chapter. The findings of the investigation shall be referred to the disciplinary review panel for a determination of disciplinary action.
5 Effective Date. This act shall take effect January 1, 2025.
24-2377
Amended 2/27/24
HB 1330-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2024-0818h)
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures | $0 | $23,350 | $35,000 | $35,000 | ||
Funding Source(s) | General Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] No • Does this bill authorize new positions to implement this bill? [X] No | ||||||
METHODOLOGY:
This bill, effective January 1, 2025, creates an emergency medical services (EMS) Disciplinary Review Panel (Panel) that would hear and approve proposed disciplinary action on EMS providers prior to the final approval and issuance by the Commissioner of the Department of Safety. The Division of Fire Standards and Training and Emergency Medical Services would be required to formulate a process for the selection and training of candidates to sit on the Panel, perform administrative functions of organizing meetings, taking minutes, and producing the Panel’s findings for the Commissioner. In the most recent years, the Commissioner has issued approximately 20 sanctions per year, which would qualify going before the Panel, and to ensure timeliness and effectiveness it would need to meet at least monthly.
The Department states it would need to hire a part-time Administrator I position (labor grade 16, starting step 3) to administratively manage the work of the Panel. Assuming a start date of November 1, 2024, this position is expected to cost approximately $23,350 in FY 2025, and $35,000 in FY 2026 and each year thereafter.
AGENCIES CONTACTED:
Department of Safety