0302-hb 1573

AN ACT relative to the funding of the salary of the director of emergency medical services and making an appropriation therefor and relative to automatic external defibrillation.

SPONSORS: Rep. Dyer, Hills 8; Rep. Welch, Rock 18; Rep. Weare, Rock 21

This bill provides that initial funding for the salary of the new unclassified director of emergency management services in the department of safety shall be from funds appropriated for the salary of the former classified position of chief of emergency services of the department of health and human services, and makes an appropriation for this purpose.

This bill also provides an exception from licensure under RSA 153-A for persons performing automatic external defibrillation.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

302:1 Funding for Salary of Director of Emergency Medical Services. Amend 1999, 345:12, IV to read as follows:

IV. Notwithstanding the provisions of RSA 21-P:3, II and RSA 21-P:12-b, the first term of the director of emergency medical services shall be for a period of one year. The initial salary for the first-appointed director of emergency medical services shall be at step 1 of RSA 94:1-a, I, group N. The initial funding for the salary of the unclassified director of emergency medical services shall be from funds appropriated for the salary of the former classified position of chief of emergency services of the department of health and human services.

302:2 Class Line Established; Department of Safety. There is hereby established a class line 11, personal services-unclassified within an appropriate PAU of the department of safety, division of emergency medical services to which there is appropriated the sum of $1 for the fiscal year ending June 30, 2000 and the sum of $1 for the fiscal year ending June 30, 2001, for the purposes of section 1 of this act. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

302:3 Exception for Automatic External Defibrillation. Amend RSA 153-A:11, I to read as follows:

I. Except for automatic external defibrillation pursuant to RSA 153-A:28-31, a person shall not provide emergency medical services as a paid or volunteer member of a public or private emergency medical services unit in this state, or as a paid or volunteer member of any police or fire department who, as a condition of employment, may be expected to routinely provide emergency medical services in the line of duty, without being licensed by the commissioner.

302:4 New Subdivision; Automatic External Defibrillation; Corrected Codification of Provisions. Amend RSA 153-A by inserting after section 27 the following new subdivision:

I. The use of automatic external defibrillators addresses an important public health problem in New Hampshire. It is the intent of the legislature to encourage the use and availability of automatic external defibrillators, along with training in the use of automatic external defibrillators, for the purpose of saving the lives of people in cardiac arrest.

II. Further, the legislature strongly encourages dissemination of educational information regarding automatic external defibrillators and encourages that access to these lifesaving devices be made widely available to businesses, schools, fire and police departments, and other public and private organizations throughout the state.

153-A:29 Definitions. For purposes of this subdivision, "automatic external defibrillator" means a medical device which combines a heart monitor and defibrillator and:

II. Is capable of recognizing the presence or absence of ventricular fibrillation;

IV. Automatically charges and requests delivery of an electrical impulse to an individual's heart, upon determination that defibrillation should be performed.

153-A:30 Every person, association, corporation or other organization that acquires an automatic external defibrillator shall require every individual expected to use the automatic external defibrillator to receive training in cardiopulmonary resuscitation and automatic external defibrillator use.

153-A:31 Liability Limited. Any person who, in good faith and without compensation, renders emergency care by the use of an automatic external defibrillator shall not be liable for civil damages for any acts or omissions unless the acts or omissions were grossly negligent or willful and wanton. Any person, association, corporation or other organization that acquires and maintains an automatic external defibrillator for emergency care shall not be liable for civil damages other than for gross negligence or willful and wanton acts or omissions. This section shall not limit civil liability protection provided by any other law.

302:5 Repeal. RSA 151-B:25-28, relative to automatic external defibrillation, are repealed.

The Departments of Administrative Services and Safety have determined that this bill, as amended by the House, will increase state general fund expenditures by $8,917 in FY 2000 and $12,773 in FY 2001. There will be no fiscal impact on county and local expenditures or on state, county and local revenues.

This bill appropriates $1 in FY 2000 and $1 in FY 2001 from the general fund to the Department of Safety.

The initial salary for the first-appointed unclassified Director of Emergency Medical Services was authorized by Chapter 345:12, IV, Laws of 1999. This bill allows funds appropriated for the salary of the former classified position of Chief of Emergency Medical Services to be used for the salary of the new unclassified position of Director of Emergency Medical Services. The cost for salary and benefits of the positions are as follows:

FY 2000 FY 2001

Chief of EMS (LG 26, maximum) $44,714 $46,059 31% Benefits 13,861 14,278

Total Chief Cost $58,575 $60,337

Director of EMS (Group N, Step 1) $51,521 $55,809 31% Benefits 15,972 17,301

Total Director Cost $67,493 $73,110

Increased Fiscal Year Cost $ 8,917 $12,773

The difference between the funds appropriated for the classified salary and the unclassified salary authorized by Chapter 345:12 totals $8,917 in FY 2000 and $12,773 in FY 2001. Future funding for the director of emergency medical services position will be appropriated through the biennial budget process.

The Chief of Emergency Medical Services has been temporarily upgraded effective December 4, 1999 to labor grade 28, maximum, which is a salary of $48,828.