DIVISION OF HEALTH INFRASTRUCTURE PREPAREDNESS AND EMERGENCY. Mobility Assistance Vehicle and Basic Life Support Ambulance Services



Similar documents
DIVISION OF HEALTH INFRASTRUCTURE PREPAREDNESS AND. Mobility Assistance Vehicle and Basic Life Support Ambulance Services

Emergency Medical Technician (EMT) Training Program Application Packet

Authorized By: Steven M. Goldman, Commissioner, Department of Banking and Insurance

Authorized By: Kenneth E. Kobylowski, Commissioner, Department of Banking and Insurance.

Administrative Policy 5201

Submitted By Dutchess County Emergency Response Coordinator John Murphy Date:

NEW JERSEY REGISTER Copyright 2015 by the New Jersey Office of Administrative Law. 47 N.J.R. 535(a)

Administrative Requirements (A/R) means requirements issued by the Department s

Authorized By: Neil N. Jasey, Commissioner, Department of Banking and Insurance

To renew your license without National Registration, please send the following to the Department:

Authorized By: Steven M. Goldman, Commissioner, Department of Banking and Insurance

January 7, 2003 by Holly C. Bakke, Commissioner, Department of Banking and Insurance

Authorized By: Kenneth E. Kobylowski, Acting Commissioner, Department of Banking and

MONOC s Paramedic Services;

Steven M. Goldman, Commissioner, Department of Baking and Insurance.

ARKANSAS STATE BOARD OF HEALTH DIVISION OF EMERGENCY MEDICAL SERVICES AND TRAUMA SYSTEMS RULES AND REGULATIONS FOR MASS CASUALTY INCIDENTS

EMERGENCY MEDICAL SERVICES POLICIES AND PROCEDURES Policy Number 1100

Authorized By: Steven M. Goldman, Commissioner, Department of Banking and Insurance

STATE OF NEVADA MARTA E. JENSEN Interim Administrator. Agreement Renewal. Check Level of Service: Basic Intermediate Advanced

MONDAY, AUGUST 1, 2005 RULE ADOPTION

CENTRAL CALIFORNIA EMERGENCY MEDICAL SERVICES

Steven M. Goldman, Commissioner, Department of Banking and Insurance. N.J.S.A. 17:1-8.1, 17:1-15e and 17:29AA-1 et seq.

Authorized By: Donald Bryan, Acting Commissioner, Department of Banking and Insurance.

State of Wisconsin. Department of Health and Family Services Division of Public Health. Bureau of Local Health Support and Emergency Medical Services

21 of 44 DOCUMENTS. NEW JERSEY REGISTER Copyright 2011 by the New Jersey Office of Administrative Law. 43 N.J.R. 1030(a)

SIERRA-SACRAMENTO VALLEY EMS AGENCY TRAINING PROGRAMS SECTION 1000 SUBJECT: INDEX REFERENCE NO. 1000

Debt Adjustment and Credit Counseling by Nonprofit Social Service or Nonprofit Consumer Credit Counseling Agencies

Authorized By: Steven M. Goldman, Commissioner, Department of Banking and Insurance

August 25, Dear Mr. Trimboli:

CENTRAL CALIFORNIA EMERGENCY MEDICAL SERVICES A Division of the Fresno County Department of Public Health

SUBJECT: CRITICAL CARE TRANSPORT (CCT) PROVIDER REFERENCE NO. 414

Emergency Medical Services Regulatory Board Staff. Lynda Goerisch EMS Educator Century College. Updated 8/6/13

Department of State Health Services Council Agenda Memo for State Health Services Council February 23, 2012

Limitations on the Use of Specific Terms or Designations in the Sale of Life Insurance

Credentialing Portal User Guide

EMS PERSONNEL CERTIFICATION REPORT

WESTCHESTER REGIONAL EMS COUNCIL, INC. BYLAWS

REQUEST FOR QUALIFICATIONS FOR Worker s Compensation Defense Attorney

The Emergency Care Workforce in the U.S. August 2006

(Merit System Board, decided February 25, 2004)

Somerset County Emergency Services. Training Academy

EMERGENCY MEDICAL SERVICES COMMISSION MEETING MINUTES. Brownsburg Fire Territory Headquarters Brownsburg. MEMBERS ABSENT: Tim Davie (Municipal Fire)

STATE OF CONNECTICUT

OVERVIEW. First Responders Tier

AGREEMENT PREAMBLE. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties to this Agreement agree as follows:

A3795 CONAWAY 2. AN ACT concerning the operation of air ambulance services and supplementing Title 26 of the Revised Statutes.

CENTRAL CALIFORNIA EMERGENCY MEDICAL SERVICES

September 3, 2013, at 45 N.J.R 1989(a) (notice of administrative correction to

Authorized By: David Rebuck, Director, Division of Gaming Enforcement.

HARRISON REDEVELOPMENT AGENCY NOTICE IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5, et seq.

LEGAL NOTICE SECTION 1: PROJECT INTRODUCTION

SIERRA-SACRAMENTO VALLEY EMS AGENCY PROGRAM POLICY REFERENCE NO. 450

Hector Alonso-Serra, MD, MPH, Donald Blanton, MS, MD, Robert E. O Connor, MD, MPH

Authorized By: Steven M. Goldman, Commissioner, Department of Banking and Insurance. N.J.A.C. 17:1-8.1, 17:1-15e, and 17:22A-26 et seq.

RULES AND REGULATIONS RELATING TO EMERGENCY MEDICAL SERVICES

Adopted Amendments: N.J.A.C. 11:21 Appendix Exhibits F, G, W, Y, HH, and II

Steven M. Goldman, Commissioner, Department of Banking and Insurance. N.J.S.A. 17:1-8.1, 17:1-15e, 17: a3 and 17:29C-1 et seq.

PARAMEDIC TRAINING PROGRAM APPROVAL REQUIREMENTS REFERENCE NO. 901

ROLE OF THE REGISTERED NURSE IN THE OUT-OF-HOSPITAL ENVIRONMENT

Market Conduct Examination

EMERGENCY MEDICAL SERVICES

IN THE MATTER OF THE TERMINATION ) OF THE CONTRACT BETWEEN PHYSICIANS ) HEALTH SERVICES AND CENTRASTATE ) ORDER MEDICAL CENTER )

Minimum Standards for Specified Disease and Critical Illness Coverages

EMERGENCY MEDICAL SERVICES SPECIALIST POSITION SUMMARY

(b) N.J.A.C. 8:41-1 through 9 and 12 shall apply to mobile intensive care programs.

Offset of State Lottery Prizes to Satisfy Defaulted Federal and State Student Loans

Third Party Administrators of Health Benefits and Third Party Billing Services

NOT DESIGNATED FOR PUBLICATION

1.2.3 the recognition process for first responder training centers and training groups to assure standardized training;

Emergency Medical Services Division. AMBULANCE-BASED ALS FIRST RESPONDER AND ASSESSMENT UNIT POLICIES AND PROCEDURES December 1, 2015

BOARD OF EXAMINERS OF ELECTRIC CONTRACTORS Fire Alarm, Burglar Alarm & Locksmith Advisory Committee. November 20, 2012 PUBLIC SESSION MINUTES

Error! Bookmark not defined.northwest Community EMS System POLICY MANUAL. Board approval: 5/05 Effective: 7/1/10 Supersedes: 7/1/05 Page: 1 of 5

The Polk County Board of County Commissioners. DEPUTY CHIEF - MEDICAL SERVICES (Fire Rescue) - Bartow, Florida -

Authorized By: Holly C. Bakke, Commissioner, Department of Banking and Insurance

Re: Solicitor ComPensation

ASSEMBLY, No STATE OF NEW JERSEY. 215th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

Definitions. (a) ABLS means the Advanced Burn Life Support. ACLS means the Advanced Cardiac Life Support.

45 N.J.R. 35(a) VOLUME 45, ISSUE 1 ISSUE DATE: JANUARY 7, 2013 RULE ADOPTIONS

CERTIFICATION AND CREDENTIALING POLICY

ROUTINE (NON-EMERGENCY) GROUND AMBULANCE SERVICES

APPENDIX W - REGULATIONS - IDENTITY THEFT CHAPTER 45F. IDENTITY THEFT

Authorized By: Steven M. Goldman, Commissioner, Department of Banking and Insurance.

AN ORDINANCE REGULATING AMBULANCE SERVICE AND GRANTING OF FRANCHISES TO AMBULANCE OPERATORS COUNTY OF CHOWAN

2 of 142 DOCUMENTS. NEW JERSEY REGISTER Copyright 2007 by the New Jersey Office of Administrative Law. 39 N.J.R. 1628(a)

NEW JERSEY ADMINISTRATIVE CODE TITLE 8, CHAPTER 7 LICENSURE OF PERSONS FOR PUBLIC HEALTH POSITIONS. Authority. N.J.S.A. 26:1A-38 et seq.

07/14/2014 REVIEWED/REVISED: DATE TO BE REVIEWED: 01/31/2016 EMERGENCY MEDICAL SERVICES ELECTRONIC PATIENT CARE REPORT DOCUMENTATION - EPCR

R 5530 SUBSTANCE ABUSE (M) [See POLICY ALERT Nos. 125, 133, 144, 145, 157, 173, 179 and 204]

Emergency Medical Services Advisory Committee Report for January 2015

Holly C. Bakke, Commissioner, Department of Banking and Insurance.

43 NJR 10(2) October 17, 2011 Filed September 21, Authorized By: Thomas B. Considine, Commissioner, Department of Banking and Insurance.

Actuarial Services Life/Health/Annuity Forms; Standards for Individual Life Insurance Policy Forms; Individual Annuity Contract Form Standards

Robbinsville Board of Education REGULATION Section: s Regulation 5530: Substance Abuse (M) Edited: September 2014 Page 1 of 12

ARTICLE 4.1. COMMUNITY MENTAL HEALTH CENTERS; CERTIFICATION

PINE HILL BOARD OF EDUCATION School Board Policy 1003 Turnerville Road Pine Hill, New Jersey 08021

Market Conduct Examination

Medical Malpractice Insurance Renewal and Nonrenewal Notices. Holly C. Bakke, Commissioner, Department of Banking and Insurance

Steven M. Goldman, Commissioner, Department of Banking and

Filing Requirements for Policies, Certificates and Premium Rates. Holly C. Bakke, Commissioner, Department of Banking and Insurance

Private Passenger Automobile Insurance-Use of Alternate Underwriting Rules

The Cetronia Scribe. Ceo s Corner The Spirit of the Season

Transcription:

HEALTH AND SENIOR SERVICES PUBLIC HEALTH SERVICES BRANCH DIVISION OF HEALTH INFRASTRUCTURE PREPAREDNESS AND EMERGENCY RESPONSE OFFICE OF EMERGENCY MEDICAL SERVICES Mobility Assistance Vehicle and Basic Life Support Ambulance Services Readoption: N.J.A.C. 8:40 Proposed: May 18, 2009 at 41 N.J.R. 2070(a). Adopted:, 2009 by Heather Howard, Commissioner, Department of Health and Senior Services (with the approval of the Health Care Administration Board). Filed:, 2009 as R.2009, d., without change. Authority: N.J.S.A. 26:2H-1 et seq. and 30:4D-6.4 and 6.6. Effective Date:, 2009. Expiration Date:, 2014. Summary of Public Comments and Agency Responses: NJ City, NJ The Department received timely comments received from the following: 1. Michael Coyle, Chief, Pennsauken EMS, Pennsauken, NJ 2. Randall J. McCargar, EMS Chief, Cherry Hill Fire Department, Cherry Hill, 3. John McNutt, Battalion Chief, Gloucester City Fire Department, Gloucester 4. Joyce Midure, Chief, Winslow EMS, Cedar Brook, NJ

5. The Department received letters containing nearly identical comments from the following: Brian Allegretto, EMT-Paramedic, Seaville, NJ James G. Busch, EMT-Paramedic Mary Daley, MICP, RN, Toms River, NJ Barbara L. DeLoune, MICP, Point Pleasant, NJ Vincent DeRosa, MICP, Ocean, NJ Dwight, Red Bank, NJ Ms. Caitlin Dwight, Red Bank, NJ Ms. Martha Dwight, Red Bank, NJ Ms. Sarah Dwight, Red Bank, NJ Deborah Ehling, RN, MICP, CEN, VP, Acting President, Professional Emergency Medical Services Association of New Jersey, Wall, NJ Catherine Geiger, EMT-Paramedic, RN, Ocean, NJ Mary Geiger, EMT-Basic, Ocean, NJ Joe Giberson, EMT-Paramedic, Cedar Run, NJ Lisa Kahle, MICP, Jackson, NJ David B. Kelly, MICP, Red Bank, NJ James Kelly, EMT-Basic, Red Bank, NJ George Ketterer, EMT-Paramedic, Belford, NJ Michael Krot, MICN, RN, EMT-Basic, Jackson, NJ Nancy Krot, RN, EMT-Basic, Jackson, NJ 2

Timothy McGarry, MICP, RN, Bayville, NJ George Olschewski, MICN, Wanaque, NJ Christine Pagano, MICP, Forked River, NJ Dante Pagano, RN, MICP, Forked River, NJ Charles F. Russell, Jr., EMT-Basic, Toms River, NJ William F. Scott, EMT-Paramedic, Manahawkin, NJ Dennis W. Smith, EMT-Paramedic, Toms River, NJ John Suanno, EMT-Paramedic, Jackson, NJ Lorraine Taraskus, EMT-Paramedic Robert Trzepizur, MICP, Jackson, NJ Alison Turton, EMT-Basic Henry Wienekeu, EMT-Paramedic, RN, Point Pleasant Borough, NJ 1. COMMENT: A commenter states, readopting the current N.J.A.C. 8:40 without any changes acts as a disservice to the residents and motoring public of the State of New Jersey. The commenter employs several New Jersey certified [EMT- Paramedics] who can only act in an [EMT-Basic] capacity while riding on [the commenter s] ambulances. [EMT-Basics] all have a duty to act when coming upon a medical emergency, while on duty and off. However, [EMT-Paramedics are] forbidden to act in their certified capacity while riding on a BLS ambulance. [The commenter questions] how this benefits the patient. The commenter asserts that increasing the scope of practice of EMT-Basics would enhance the pre-hospital EMS to the residents of New Jersey. The commenter states that the municipal emergency medical services 3

squad the commenter represents has retained a medical director who is willing to provide necessary training, and the municipality is willing to provide funding for training costs, to increase the scope of practice of the EMT-Basics in its employ. The commenter does not intend the comment to serve as an indictment of the ALS MICUs in New Jersey. The commenter asserts that with increasing call volume, there are not enough of them. The commenter provides statistics on the call volume in geographic the commenter represents as an example of the insufficient number of ALS MICU services to meet demand. The commenter asserts that expanding the scope of practice of EMT-Basics would meet the goal of supplementing, rather than replacing, ALS MICU services. The commenter asserts that readopting N.J.A.C. 8:40 without change to expand the scope of practice of enhance EMT-Basics is the same as taking a step backwards. (1) 2. COMMENT: Two commenters state that the readoption without change of existing N.J.A.C. 8:40 fails to recognize recommendations for changes to the rules from the New Jersey EMS Advisory Council s EMS System Redesign Committee (Committee). The commenters state that the Committee supported the adoption of the National EMS Scope of Practice Model. The commenters state, The National EMS Scope of Practice Model has been accepted and reinforced by the recently adopted National EMS Education Standards that are scheduled to replace the National Standard Curricula within [two] years. The commenters state that N.J.A.C. 8:40-7.1(b), which establishes the scope of practice of EMT-Basics, cites to the National Standard 4

Curriculum. The commenters state that N.J.A.C. 8:40-7.1(b) will fail to meet National EMS Education Standards. Current [rules] prohibit the implementation of the components of the National EMS Scope of Practice Model without a number of waivers to be issued by the Commissioner. The commenters state that specific examples of how existing N.J.A.C. 8:40 fails to meet current practice appear at N.J.A.C. 8:40-3.6 and 6.14. With respect to N.J.A.C. 8:40-3.6, the commenters state that the Department provides an electronic patient care reporting system for any BLS agency in New Jersey. While this is clearly an advance in technology and practice, as well as an initiative supported by recommendation in the 2007 EMS System Review, all participating agencies are in direct violation of [N.J.A.C. 8:40-3.6]. The continuation of this practice will require the Commissioner to issue waivers. The commenters state that N.J.A.C. 8:40-6.14 requires BLS ambulances to carry METTAG -brand emergency triage tags for mass casualty incidents, that the Department provides non-mettag brand tags to providers for this purpose, and that use of the Department-provided tag instead of a METTAG -brand tag would violate N.J.A.C. 8:40-6.14. The commenters assert that existing N.J.A.C. 8:40 does not allow political subdivisions or municipalities to improve life support service within their territorial boundaries, regardless of the inability of the existing [ALS] system to met the needs of the community. The commenters provides statistics describing use of services in the municipalities they represent to indicate that many BLS patients who require ALS level 5

of care were unable to receive that care during transport because the municipal BLS providers did not qualify for ALS-level licensure because municipal BLS providers are not sponsored by MICU hospitals. The commenters suggest that municipal BLS providers should be able to provide ALS services using certified EMT-Paramedics if the BLS provider maintains an affiliation with a medical director, who can provide operational, clinical, and quality assurance oversight, and education. The commenters suggest that the Department establish a pilot program involving multiple jurisdictions sharing a single Medical Director. (2, 4). 3. COMMENT: A commenter supports revision of N.J.A.C. 8:40, and states, Failure to make changes is a failure to address the needs of our communities with regard to current levels of service being provided in New Jersey. The commenter recommends that the Department revise N.J.A.C. 8:40 to expand the scope of practice of EMT-Basics to authorize them to use more advanced pre-hospital skills, in accordance with a model that NHTSA has adopted for Advanced EMTs. The commenter states, This new scope if adopted would greatly improve patient outcome, especially when ALS is unavailable or not within a rapid response time. Another benefit is that ALS units would be freed up to handle cases that truly require the scope of practice set aside for ALS care. The commenter also supports the idea of a pilot program that would allow current [EMT-Paramedics] working in a BLS service to expand the care provided to 6

include the EMT Advanced skills. This would move the program along while training is taking place. Over time the program would be expanded to the BLS level. (3) RESPONSE TO COMMENTS 1 THROUGH 3: The readoption without change of existing rules would recognize the effectiveness of the existing rules and would maintain the validity of the existing rules while the Department considers changes to the rules based upon medical advancements and recommendations from organizations such as the EMS Advisory Council and the National Highway Traffic Safety Administration (NHTSA). The National EMS Education Standards (Standards), NHTSA, January 2009, are nonbinding guidelines published by NHTSA. The Standards are available at http://www.nhtsa.gov/staticfiles/dot/nhtsa/ems/811077a.pdf, or by writing for publication number DOT HS 811 077A to NHTSA Resource Center, 3341 East 75th Avenue, Suite F, Landover, MD 20785. The Standards contain instructional guidelines (IG) which do not establish a curriculum. NHTSA did not intend that the states adopt the standards; rather, the IG provide guidance to instructors and regulators regarding the content that may be included within each area of the Standards. Standards at 61. Accordingly, existing N.J.A.C. 8:40-7.1(b) would not conflict with the Standards and would continue to establish the scope of practice for EMT-Basics in New Jersey unless and until the Department were to determine to modify the scope of practice for EMT- Basics. The use of electronic patient care reports would not violate N.J.A.C. 8:40-3.6 provided the electronic process would enable compliance with N.J.A.C. 8:40-3.6. That is, crewmembers would need to be able to record the data set that N.J.A.C. 8:40-3.6(a) 7

through (c) require and furnish a usable patient care report, either electronically or in hard copy, to the receiving health care facility, and licensed providers would need to be able to retain electronic records in accordance with N.J.A.C. 8:40-3.6(e). Contrary to the commenters assertion, the use of the re-designed triage tags would not violate N.J.A.C. 8:40-6.14 because that rule does not require the use of METTAG triage tags. The Department refers to the brand name, METTAG, in parentheses at existing N.J.A.C. 8:40-6.14 to serve as an example of a medical emergency triage tag that would satisfy the rule. N.J.S.A. 26:2K-12 provides that only a hospital authorized by the Commissioner with an accredited emergency service, that is, a MICU can provide pre-hospital ALS. The Department is without authority to license a municipal agency to provide prehospital ALS using certified EMT-Paramedics even if the municipal agency maintains an affiliation with a medical director. N.J.S.A. 26:2K-10 and 26:2K-12, read in concert, authorize EMT-Paramedics to perform ALS services only while they maintain direct voice communication with either a licensed physician, or a physician-directed registered professional nurse, who is affiliated with a hospital licensed to operate a MICU. This requirement benefits patients by helping to ensure the quality of the ALS services rendered. Accordingly, EMT- Paramedics can function only to the level of an EMT-Basic in any other setting, such as when they are serving as crewmembers on a municipal BLS squad. 8

In general, a certified EMT-Basic or EMT-Paramedic does not have a legal duty to act when coming upon a medical emergency unless the certified EMT-Basic or EMT- Paramedic is on duty. The Department is reviewing the NHTSA publication, National EMS Scope of Practice Model, NHTSA, February 2007, which establishes a new EMT category called Advanced EMT, to evaluate whether incorporating standards contained in this model into New Jersey s EMS regulatory scheme would have a positive effect on New Jersey s EMS system, improve patient care, and comply with existing statutory requirements, with a view toward the conduct of future rulemaking as may be appropriate. The publication is available from www.ems.gov, or by writing for publication number DOT HS 810 657 to NHTSA Resource Center, 3341 East 75th Avenue, Suite F, Landover, MD 20785. The Department acknowledges the commenters support of the idea of a pilot program. 4. COMMENT: The Department received 32 separate comments that appear to contain similar form content. The commenters state that they are responding to the proposed readoption without change of N.J.A.C. 8:40 and N.J.A.C. 8:41A, the latter of which appears at 41 N.J.R. 1928(a) (May 4, 2009). The commenters state that EMT-Paramedics should be licensed by a newly created EMS licensing board under the jurisdiction of the Board of Medical Examiners, describe the existing continuing education unit (CEU) requirements needed to maintain certification, specify that the licensure fee should be $25.00 for non-volunteers, and assert that, Since the Board of 9

Nursing now tracks CEU requirements for RNs, there is nothing in this proposal that will cause the State to come up with new procedures or incur additional cost. (5) RESPONSE: The comments appear to exceed the scope of the proposal inasmuch as N.J.A.C. 8:40 establishes standards applicable to EMT-Basics and does not establish standards for EMT-Paramedics. N.J.A.C. 8:41A proposed for readoption establishes standards applicable to EMT-Paramedics. The Department will respond to the comments in the context of its response to comments on the notice of proposal to readopt N.J.A.C. 8:41A. Federal Standards Statement The Department is adopting the readoption without changes pursuant to N.J.S.A. 26:2H-1, et seq. and 30:4D-6.4 and 6.6. The Department is not adopting the readoption without changes under the authority of, or in order to implement, comply with, or participate in any program established under Federal law, or under a State statute that incorporates or refers to Federal law, standards or requirements. Therefore, a Federal standards analysis is not required. Full text of the readopted rules can be found in the New Jersey Administrative Code at N.J.A.C. 8:40. 10

H:\Legal\Rulemaking\NJAC 8-40\Readoption 2009\Notice of Adoption 2.doc 11