HB 1330-FN - AS INTRODUCED

 

 

2024 SESSION

24-2377

10/05

 

HOUSE BILL 1330-FN

 

AN ACT relative to establishing an emergency medical services disciplinary review panel, and relative to procedures for removal of records of discipline.

 

SPONSORS: Rep. Proulx, Hills. 15

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill establishes a disciplinary review panel to consult and give prior approval to the commissioner of safety for 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2377

10/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to establishing an emergency medical services disciplinary review panel, and relative to procedures for removal of records of discipline.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Emergency Medical and Trauma Services; Disciplinary Review.  Amend the introductory paragraph of RSA 153-A:13, I to read as follows:

I. The commissioner, after consultation and prior approval of the EMS disciplinary review panel under paragraph IV, may deny an application for issuance or renewal of a license, or issue a letter of concern, suspend, or revoke a license, when the commissioner 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 commissioner, following consultation and prior approval of 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 to consult with the commissioner and to pre-approve denials or renewals of licenses, issuance of letters of concern, or to suspend or revoke a license.

(b)  The EMS disciplinary review panel shall be appointed by the director of the division of fire standards and training and emergency medical services and shall consist of sufficient members so that no less than 3 members of the same level or higher license are consulted for each required action for the licensed emergency medical services provider they are reviewing.

(c)  The director shall establish procedures for the appointment and service of the members of the EMS disciplinary review panel.

V.  The division shall remove a licensee's names from its public records of denials or renewals of licenses, issuance of letters of concern, suspension or revocations, after 5 years from the end of the licensee's discipline or upon the licensee's death, or sooner if the director determines it to be prudent.

4  Effective Date.  This act shall take effect January 1, 2025.

 

LBA

24-2377

11/7/23

 

HB 1330-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to establishing an emergency medical services disciplinary review panel, and relative to procedures for removal of records of discipline.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

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