An Act To Amend the Maine Emergency Medical Services Act of 1982 and Related Provisions
Maine Legislature, Session 129, LD 1724
Committee: Criminal Justice and Public Safety
Sponsors: DESCHAMBAULT
Amends: 5 MRSA §18312, 5 MRSA §18453, 7 MRSA §4019, 24 MRSA §2904, 32 MRSA §83, 32 MRSA §84, 32 MRSA §85, 32 MRSA §88, 32 MRSA §93-A

Legislative Document
No. 1724
S.P. 573
In Senate, May 14, 2019
An Act To Amend the Maine Emergency Medical Services Act of 
1982 and Related Provisions
Submitted by the Department of Public Safety pursuant to Joint Rule 204.
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DESCHAMBAULT of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §18312, sub-§1, as enacted by PL 2013, c. 602, Pt. B, §1, is 
amended to read:
1.  Contribution rate.  Except as provided in subsections 2 and 3, an emergency 
medical services person as defined in Title 32, section 83, subsection 12, including but 
not limited to a first responder, emergency medical technician, advanced emergency 
medical technician person and paramedic, employed by a participating local district that 
provides a special retirement benefit under section 18453, subsection 4 or 5 shall 
contribute to the Participating Local District Retirement Program or must have pick-up 
contributions made by the employer at a rate of 8% of earnable compensation as long as 
the person is employed as an emergency medical services person.
Sec. 2.  5 MRSA §18453, sub-§2, as amended by PL 2013, c. 602, Pt. B, §2, is 
further amended to read:
2.  Employee Special Plan #2. A retirement benefit to police officers, firefighters, 
sheriffs, full-time deputy sheriffs, county corrections employees, emergency medical 
services persons as defined in Title 32, section 83, subsection 12, including but not 
limited to first responders, emergency medical technicians, advanced emergency medical 
technicians persons and paramedics, or any other participating local district employees 
who have completed 20 to 25 years of creditable service, the number of years to be 
selected by the participating local district.  For the purposes of this subsection, "county 
corrections employees" means employees of the county who are employed at a county jail 
and whose duties include contact with prisoners or juvenile detainees.  The benefits must 
be computed as follows: 
A.  Except as provided in paragraph B, 1/2 of the member's average final 
compensation; or
B.  If the member's benefit would be greater, the part of the service retirement benefit 
based upon membership service before July 1, 1977, is determined, on a pro rata 
basis, on the member's current annual salary on the date of retirement or current final 
compensation, whichever is greater, and the part of the service retirement benefit 
based upon membership service after June 30, 1977, is determined in accordance 
with paragraph A.
Sec. 3.  5 MRSA §18453, sub-§3, as amended by PL 2013, c. 602, Pt. B, §3, is 
further amended to read:
3.  Firefighter and Emergency Medical Services Person Special Plan #1. A 
retirement benefit equal to 1/2 of the member's average final compensation to a 
firefighter, including the chief of a fire department, and an emergency medical services 
person as defined in Title 32, section 83, subsection 12, including but not limited to a first 
responder, emergency medical technician, advanced emergency medical technician 
person and paramedic, who has completed at least 25 years of creditable service in that 
capacity and who retires upon or after reaching age 55 years of age.
Sec. 4.  5 MRSA §18453, sub-§4, as amended by PL 2013, c. 602, Pt. B, §4, is 
further amended to read:
4.  Firefighter and Emergency Medical Services Person Special Plan #2. A 
retirement benefit to a firefighter, including the chief of a fire department, and an 
emergency medical services person as defined in Title 32, section 83, subsection 12, 
including but not limited to a first responder, emergency medical technician, advanced 
emergency medical technician person and paramedic, who has completed at least 25 
years of creditable service in that capacity and who retires upon or after reaching age 55 
years of age. The benefits shall must be computed as follows: 
A.  Except as provided in paragraph B, 2/3 of the member's average final 
compensation; or
B.  If the member's benefit would be greater, the part of the service retirement benefit 
based upon membership service before July 1, 1977, is determined, on a pro rata 
basis, on the member's current final compensation and the part of the service 
retirement benefit based upon membership service after June 30, 1977, is determined 
in accordance with paragraph A.
Sec. 5.  5 MRSA §18453, sub-§5, as amended by PL 2013, c. 602, Pt. B, §5, is 
further amended to read:
5.  Firefighter and Emergency Medical Services Person Special Plan #3. A 
retirement benefit to a firefighter, including the chief of a fire department, and an 
emergency medical services person as defined in Title 32, section 83, subsection 12, 
including but not limited to a first responder, emergency medical technician, advanced 
emergency medical technician person and paramedic, who has completed 20 to 25 years 
of creditable service in that capacity, the number of years to be selected by the 
participating local district and who retires at any age. The benefits shall must be 
computed as follows: 
A.  Except as provided under paragraph B, 2/3 of the member's average final 
compensation; or
B.  If the member's benefit would be greater, the part of the service retirement benefit 
based upon membership service before July 1, 1977, is determined, on a pro rata 
basis, on the member's current final compensation and the part of the service 
retirement benefit based upon membership service after June 30, 1977, is determined 
in accordance with paragraph A.
Sec. 6.  7 MRSA §4019, sub-§1, as amended by PL 2011, c. 288, §1, is further 
amended to read:
1.  Removal authorized.  A law enforcement officer, humane agent, animal control 
officer, firefighter as defined in Title 26, section 2101, first responder as defined in Title 
32, section 83, subsection 13-A or security guard licensed under Title 32, chapter 93, 
referred to in this section as "authorized persons," may take all steps that are reasonably 
necessary to remove an animal from a motor vehicle if the animal's safety, health or 
well-being appears to be in immediate danger from heat, cold or lack of adequate 
ventilation and the conditions could reasonably be expected to cause extreme suffering or 
death.
Sec. 7.  24 MRSA §2904, sub-§3, ¶E, as corrected by RR 2005, c. 2, §20, is 
amended to read:
E.  "Emergency medical services person" includes a first responder, as defined in 
Title 32, section 83, subsection 13-A; a basic emergency medical technician services 
person, as defined in Title 32, section 83, subsection 7 6; and an advanced emergency 
medical technician person, as defined in Title 32, section 83, subsection 1.
Sec. 8.  32 MRSA §83, sub-§1, as enacted by PL 1981, c. 661, §2, is amended to 
read:
1.  Advanced emergency medical person.  "Advanced emergency medical 
technician person" means an emergency medical services' services person licensed to 
perform advanced emergency medical treatment.
Sec. 9.  32 MRSA §83, sub-§6, as amended by PL 2015, c. 82, §1, is further 
amended to read:
6.  Basic emergency medical services person.  "Basic emergency medical services 
person" means a person licensed to perform basic emergency medical treatment.  
Licensed emergency medical responders and basic emergency medical technicians are 
basic emergency medical services persons.
Sec. 10.  32 MRSA §83, sub-§7, as amended by PL 1999, c. 182, §5, is repealed.
Sec. 11.  32 MRSA §83, sub-§13-A, as amended by PL 2015, c. 82, §2, is 
repealed.
Sec. 12.  32 MRSA §83, sub-§16-B, as amended by PL 2015, c. 82, §3, is further 
amended to read:
16-B.  Medical Direction and Practices Board.  "Medical Direction and Practices 
Board" means the board consisting of each regional medical director, an emergency 
physician representing the Maine Chapter of the American College of Emergency 
Medicine Physicians, an at-large member, a toxicologist or licensed pharmacist, an 
emergency medical services person licensed under section 85 to provide basic emergency 
medical treatment, an emergency medical services person licensed under section 85 to 
provide advanced emergency medical treatment, a pediatric physician, the statewide 
assistant associate emergency medical services medical director and the statewide 
emergency medical services medical director.  The Medical Direction and Practices 
Board is responsible for creation, adoption and maintenance of Maine Emergency 
Medical Services protocols.
Sec. 13.  32 MRSA §83, sub-§21-B is enacted to read:
21-B.  Statewide associate emergency medical services medical director.  
"Statewide associate emergency medical services medical director" means a licensed 
physician appointed by the board pursuant to section 84, subsection 1, paragraph C.
Sec. 14.  32 MRSA §84, sub-§1, ¶C, as amended by PL 2011, c. 271, §6, is 
further amended to read:
C.  The board shall appoint a licensed physician as statewide emergency medical 
services medical director and may appoint a licensed physician as statewide assistant 
associate emergency medical services medical director.  These physicians shall 
advise Maine Emergency Medical Services and shall carry out the duties assigned to 
the medical director pursuant to this chapter, or as specified by contract.  A person 
appointed and serving as the statewide emergency medical services medical director 
or statewide assistant associate emergency medical services medical director is 
immune from any civil liability, as are employees of governmental entities under the 
Maine Tort Claims Act, for acts performed within the scope of the medical director's 
duties.
Sec. 15.  32 MRSA §85, sub-§2, as amended by PL 2001, c. 229, §3, is further 
amended to read:
2.  Advanced emergency medical treatment.  With the advice and consultation 
noted in subsection 1, the board may provide, by rule, which advanced skills, techniques 
and judgments may be supervised by a physician by means of standing orders, by voice 
radio and by other means.  In every case, advanced emergency medical treatment must be 
given in accordance with protocols adopted by the Medical Direction and Practices 
Board.
The board may establish by rule appropriate licensure levels for advanced emergency 
medical technicians persons and fix the qualifications for persons to hold those licenses.
Sec. 16.  32 MRSA §88, sub-§1, ¶A, as amended by PL 2013, c. 62, §1, is further 
amended to read:
A.  The board has one member representing each region and 11 12 persons in 
addition.  Of the additional persons, one is an emergency physician, one a 
representative of emergency medical dispatch providers, one a representative of the 
public, one a representative of for-profit ambulance services, one an emergency 
professional nurse, one a representative of nontransporting emergency medical 
services, one a representative of hospitals, one a fire chief, one a representative of a 
statewide association of fire chiefs, one a municipal emergency medical services 
provider and, one a representative of not-for-profit ambulance services and one a 
representative in the field of pediatrics.  The members that represent for-profit 
ambulance services, nontransporting emergency medical services and not-for-profit 
ambulance services must be licensed emergency medical services persons. One of the 
nonpublic members must be a volunteer emergency medical services provider.  
Appointments are for 3-year terms.  Members are appointed by the Governor.  The 
state statewide emergency medical services medical director is an and statewide 
associate emergency medical services medical director are ex officio nonvoting 
member members of the board.
Sec. 17.  32 MRSA §88, sub-§3, ¶A, as enacted by PL 2001, c. 229, §4, is 
amended to read:
A.  Issue warnings, censures or reprimands to a licensee, deny or refuse to renew a 
license and suspend or revoke a license.  Each warning, censure or, reprimand and 
revocation issued must be based upon violations of different applicable laws, rules or 
conditions of licensure or must be based upon separate instances of actionable 
conduct or activity;
Sec. 18.  32 MRSA §93-A, sub-§1, as amended by PL 1991, c. 588, §25, is 
further amended to read:
1.  Emergency medical treatment supervision.  No A physician functioning within 
the medical control system established by the regional medical director and practicing in 
a hospital to or from which patients are transported under section 86 or health care 
practitioner under such a physician's supervision who gives oral or written instructions to 
a basic emergency medical services person or an advanced emergency medical technician 
person for the provision of emergency medical treatment outside the hospital may be is 
not civilly liable for negligence as a result of issuing the instructions, if the instructions 
were in accordance with the protocol for the patient's reported condition.  For the purpose 
of aiding in establishing the use of a protocol that permits the immunity provided in this 
subsection, the following provisions apply:
A.  The basic emergency medical services person or advanced emergency medical 
technician person to whom the instructions are given shall document those 
instructions on the state ambulance run record; and
B.  The physician or health care practitioner giving the instructions shall maintain a 
medical control log documenting those instructions at the time they were given and 
shall sign the log.
The immunity provided in this subsection extends to the hospital in which the physician 
described in this subsection is practicing or the health care practitioner described in this 
subsection is being supervised.
SUMMARY
This bill amends the Maine Emergency Medical Services Act of 1982 and related 
provisions.  The bill:
1.  Amends and repeals certain definitions;
2.  Adds 3 positions to the Medical Direction and Practices Board: a pediatric 
physician, an emergency medical services person licensed to provide basic life support 
and an emergency medical services person licensed to provide advanced life support;
3.  Changes the title "statewide assistant emergency medical services medical 
director" to "statewide associate emergency medical services medical director";
4.  Makes the statewide associate emergency medical services medical director an ex 
officio member of the Emergency Medical Services Board;
5.  Adds a representative in the field of pediatrics to the Emergency Medical Services 
Board; and
6.  Gives the Emergency Medical Services Board the authority to deny or refuse to 
renew an emergency medical services person license and to revoke a license.