An Act To Implement Emergency Medical Dispatch Services for E-9-l-l Calls
Maine Legislature, Session 122, LD 1373
Committee: Utilities and Energy
Sponsors: ADAMS, BARTLEIT, BABBIDGE, BLISS, FLETCHER, RINES, ROSEN
Amends: 25 MRSA §2935

Legislative Document 
No. 1373 
H.P.959 
House of Representatives, March 17, 2005 
An Act To Implement Emergency Medical Dispatch Services for 
E-9-l-l Calls 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative ADAMS of Portland. 
Cosponsored by Senator BARTLEIT of Cumberland and 
7l/~ /h. *l'!bc~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BABBIDGE of Kennebunk, BLISS of South Portland, flITS of Pittsfield, 
FLETCHER of Winslow, RINES of Wiscasset, Senator: ROSEN of Hancock . 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 25 MRSA §2935 is enacted to read: 
§2935. 
Emergency medical dispatch personnel 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Board" 
means 
the 
Emergency 
Medical 
Services 
Board 
established under Title 32, section 88. 
B. 
"Emergency 
medical 
dispatch 
services" 
means 
the 
provision of any of the following services in the context of 
an emergency call made to the E-9-l-1 system: 
(1) 
Reception, evaluation or processing of calls; 
(2) 
Provision of dispatch life support; 
(3) 
Management 
of 
reguests 
for 
emergency 
medical 
assistance; and 
(4) 
Eyaluation or improvement of the emergency medical 
dispatch process, including identifying the nature of 
an emergency reguest. prioritizing the severity of a 
reguest, 
dispatching 
necessary 
resources, 
providing 
medical aid and safety instructions to the caller and 
coordinating the responding resources as needed. 
c. 
"Emergency 
medical 
dispatcher" 
means 
a 
person 
who 
provides emergency medical dispatch services. 
D. 
"Emergency medical dispatch agency" means any person, 
business, organization or government agency that employs or 
supervises emergency medical dispatchers. 
E. 
"Emergency Medical Dispatch Priority Reference System" 
means a system approved by the bureau and the board that 
includes: 
(1) 
A 
protocol 
for 
emergency 
medical 
dispatcher 
response to calls: 
(2) 
A continuous guality 
improvement 
program 
that 
measures compliance with the protocol through ongoing 
random 
case 
review 
of 
each 
emergency 
medical 
dispatcher: and 
Page l-LR1273(1) 
• 
(3) 
A 
training 
curriculum 
and 
testing 
process 
consistent with the protocol. 
F. 
"Provider of emergency medical dispatch services" means 
an 
emergency 
medical 
dispatcher 
or 
emergency 
medical 
dispatch agency. 
2. 
Mandatory qualificatioDs. 
The bureau, in consultation 
with the board, shall adopt rules governing <;Iualifications for 
and standards to be observed by providers of emergency medical 
dispatch services. 
The rules must, at a minimum: 
A. 
Re<;Iuire biennial certification of providers of emergency 
medical dispatch services; 
B. 
Establish minimum education and continuing education 
re<;Iuirements for emergency medical dispatchers, including at 
least 
hours 
of emergency medical dispatch continuing 
education each year; 
C. 
Establish a process for approving an Emergency Medical 
Dispatch 
Priority 
Reference 
System 
that 
all 
emergency 
medical dispatchers are re<;Iuired to follow; 
D. 
Re<;Iuire an emergency medical dispatcher to inform the 
board 
and 
the bureau of 
the 
emergency medical 
dispatch 
agency that employs 
or supervises the 
emergency medical 
dispatcher; 
E. 
Establish or provide for approval of emergency medical 
dispatcher certification training programs, 
which must be 
conducted in accordance with appropriate national standards; 
F. 
Establish <;Iualifications for instructors of emergency 
medical dispatcher certification training programs; 
G. 
Re<;Iuire regular reporting to the bureau and the board by 
an emergency medical dispatch agency with respect to the use 
of the Emergency Medical Dispatch Priority Reference System; 
.Qllij 
H. 
Re<;Iuire 
that each emergency medical dispatch agency 
appoint a director of emergency medical dispatch services to 
review and ensure compliance with the re<;Iuirements of this 
section. 
Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2 A. 
3. 
Prohibitions. 
Beginning January I. 2007. the following 
provisions apply. 
A. 
A person may not provide emergency medical dispatch 
services unless the person is certified as 
an emergency 
medical dispatcher in accordance with this section. 
B. 
A person. business. organization or government entity 
may not operate as 
an emergency medical dispatch agency 
unless certified as an emergency medical dispatch agency in 
accordance with this section. 
C. 
A person may 
not offer 
a 
training course 
that is 
represented as 
a 
course for emergency medical dispatcher 
certification unless the person is approved to provide such 
training in accordance with this section. 
D. 
A person. business. organization or government entity 
may not provide emergency medical dispatch services except 
in accordance with an Emergency Medical Dispatch Priority 
Reference System approved in accordance with this section. 
A person who willfully violates any provision of this subsection 
commits a Class E crime. 
4. 
Disciplinary proceedings 
and 
sanctions. 
The 
bureau 
shall investigate a complaint on its own motion or upon receipt 
of 
a 
written 
complaint 
filed 
with 
the 
bureau 
regarding 
noncompliance with or violation of this section or of any rules 
adopted pursuant to this section. 
The bureau shall consult with 
the board in all actions taken under this section. 
A. 
An investigation pursuant to this subsection may include 
an 
informal 
conference 
before 
the 
bureau 
to 
determine 
whether grounds exist for suspension. revocation or denial 
of 
a 
certificate. 
The 
bureau 
may 
subpoena 
witnesses. 
records 
and 
documents. 
including 
records 
and 
documents 
maintained by 
a 
public safety answering point or other 
service organization or person related to the delivery of 
emergency medical services. in any investigation or hearing 
it conducts. 
B. 
The bureau shall notify the certificate holder of the 
content of a complaint filed under this subsection against 
the certificate holder as soon as possible. but in no event 
later than 60 days after the bureau receives the initial 
pertinent information. 
The certificate holder has the right 
to 
respond 
within 
days 
in all 
cases 
except 
those 
involving an emergency denial. suspension or revocation as 
• 
described in Title 5, chapter 375, subchapter 5. 
If the 
certificate holder's response to the complaint satisfies the 
bureau 
that 
the 
complaint 
does 
not 
merit 
further 
investigation or action, the matter may be dismissed, with 
notice of the dismissal to the complainant, if any. 
c. 
If, in the opinion of the bureau, the factual basis of a 
complaint under this SUbsection is or may be true and the 
complaint 
is 
of 
sufficient 
gravity 
to 
warrant 
further 
action, the bureau may request an informal conference with 
the 
certificate 
holder. 
The 
bureau 
shall 
provide 
the 
certificate holder with adequate notice of the conference 
and of the issues to be discussed. 
The conference must be 
conducted in executive session of the bureau pursuant to 
Title 1, 
section 405 
unless otherwise 
requested by 
the 
certificate holder. 
Statements made at the conference may 
not be introduced at a subsequent formal administrative or 
judicial 
hearing 
unless 
all 
parties 
consent. 
The 
certificate 
holder 
may, 
without 
prejudice, 
refuse 
to 
participate in an informal conference if the certificate 
holder prefers to request an adjudicatory hearing. 
If the 
certificate holder participates in the informal conference, 
the certificate holder waives 
the right to object to 
a 
participant at the hearing who participated at the informal 
conference. 
D. 
If 
the 
bureau 
finds 
that 
the 
factual 
basis 
of 
a 
complaint under this subsection is true and is of sufficient 
gravity to warrant further action, it may take any of the 
following actions. 
(1) 
The bureau may negotiate a consent agreement with 
the certificate holder that fixes the period and terms 
of probation necessary to protect the public health and 
safety and to rehabilitate or educate the certificate 
holder. 
A consent agreement may be used to terminate a 
complaint investigation, if entered into by the bureau, 
the certificate holder and the Attorney General. 
(2) 
If a certificate holder voluntarily surrenders a 
certificate, 
the 
bureau 
may 
negotiate 
stipulations 
necessary to ensure protection of the public health and 
safety 
and 
the 
rehabilitation or 
education of 
the 
certificate holder. 
These 
stipulations 
may 
be 
set 
forth only in a consent agreement signed by the bureau, 
the certificate holder and the Attorney General. 
(3) 
If 
the 
bureau 
concludes 
that 
modification, 
nonrenewal or suspension of a certificate is in order, 
the bureau shall so notify the certificate holder and 
inform 
the 
certificate 
holder 
of 
the 
certificate 
holder's right to request an adjudicatory hearing. 
If 
the certificate holder requests an adjudicatory hearing 
in a timely manner, the adjudicatory hearing must be 
held by the bureau in accordance with Title 5, chapter 
375, subchapter 4. 
If the certificate holder wishes to 
appeal 
the 
final 
decision 
of 
the 
bureau, 
the 
certificate holder shall file a petition for 
review 
with the Superior Court within 30 days of receipt of 
the bureau's decision. 
Review under this paragraph 
must be conducted pursuant to Title 5, chapter 375, 
subchapter 7. 
(4) 
Except in the specific circumstances when Title 5, 
section 10004 may be invoked, if the bureau concludes 
that suspension or revocation of the certificate is in 
order, 
the 
bureau 
shall 
request 
that 
the 
Attorney 
General file 
a 
complaint in the District Court in 
accordance 
with Title 
4, 
chapter 
and 
the 
Maine 
Administrative Procedure Act to commence either full or 
emergency proceedings. 
5. 
Grounds for disciplinary action. 
A decision to take 
action against an applicant or certificate holder pursuant to 
this 
section 
or 
rules 
adopted 
pursuant 
to 
this 
section, 
inCluding, but not limited to, a decision to refuse to issue or 
renew 
a 
certificate 
or 
to 
modify, 
suspend 
or 
revoke 
a 
certificate, may be predicated on the following grounds: 
A. 
Fraud or deceit in obtaining a certificate under this 
section or in connection with service rendered wi thin the 
scope of the certificate issued: 
B. 
Habitual 
substance 
abuse· that 
has 
resulted 
or 
is 
forseeably likely to result in the certificate holder is 
performing services in a manner that endangers the health or 
safety of the public; 
C. 
A 
professional 
diagnosis 
of 
a 
mental 
or 
physical 
condition that has affected or is likely to affect the 
certificate holder's performance in a manner that endangers 
the health or safety of the publiCi 
D. 
Aiding Qr abetting a person not duly certified under 
this 
section 
in 
performing 
activities 
for 
which 
a 
certificate is required under this section; 
E. 
Incompetent professional practice as evidenced by: 
.. 
• 
(1) 
Demonstrated inability to respond appropriately to 
E-9-1-1 calls: or 
(2) 
Inability to apply principles, skills or knowledge 
necessary to successfully carry out the practice for 
which the certificate holder is certified: 
F. 
Violation of any reasonable standard of professional 
behavior, conduct or practice that has been established in 
the practice for which the certificate holder is certified; 
G. 
Subject to the limitations of Title 5, 
chapter 341, 
conviction of a 
crime that involves dishonesty or false 
statement, conviction of a crime that relates directly to 
the practice for which the certificate holder is certified, 
conviction of a crime for which incarceration for one year 
or more may be imposed or conviction of a crime defined in 
Title 17-A, chapter 11 or 45; or 
H. 
A violation of this section or any rule adopted pursuant 
to this section. 
6. 
Appeals. 
A person aggrieved by a decision of the bureau 
in the interpretation of this section or rules adopted pursuant 
to this section or in any decision pursuant to this section, may 
appeal the decision to the Public Utilities Commission for 
a 
final decision. 
The bureau' s decision stands until the Public 
Utilities Commission issues 
a 
decision to 
uphold, 
modify or 
overrule the bureau' s decision. 
In the case of nonrenewal, the 
person must be afforded an opportunity for hearing in accordance 
with the Maine Administrative Procedure Act. 
A final decision of the Public Utilities Commission constitutes 
final agency action and may be appealed pursuant to Title 5, 
chapter 375, subchapter 7. 
1. 
Effect 
on 
tort 
claims. 
Nothing 
in 
this 
section 
increases any liability that may arise or be limited under Title 
14, chapter 741. 
8. 
Assistance with costs. 
To assist persons and agencies 
operating 
public 
safety 
answering 
points 
in 
meeting 
the 
requirements 
of this section, 
the bureau shall provide 
free 
training courses for emergency medical dispatchers or reimburse 
emergency 
medica~ dispatch agencies for 
reasonable costs, 
as 
determined by the bureau, incurred for training courses approved 
by the bureau and attended by employees of that agency, 
upon 
submission by the agency of adequate documentation of completion 
of the courses by the employees. 
The bureau is not required to 
provide free training to or to reimburse training costs incurred 
by an agency or person other than an agency approved by the 
bureau to operate a public safety answering point or a person 
employed by 
such an 
agency. 
The 
bureau shall provide each 
emergency medical dispatch agency a sufficient number of approved 
Emergency Medical Dispatch Priority Reference System documents in 
printed or electronic format, as determined by the bureau. 
SUMMARY 
This bill requires 
the 
Emergency 
Services 
Communication 
Bureau within the Public Utilities Commission, 
in consultation 
with 
the 
Emergency 
Medical 
Services 
Board, 
to 
adopt 
rules 
governing qualifications for 
and standards to be observed by 
providers of emergency medical dispatch services who respond to 
E-9-l-l 
calls. 
Beginning 
in 
2007, 
the 
rules 
regulate 
the 
provision of emergency medical dispatch services in response to 
E-9-l-l calls and require all persons handling E-9-l-l calls to 
meet certain qualifications. 
•