reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 5 - Medical Control › Section 1798.3.

1798.3. Advanced life support and limited advanced life support personnel may receive medical direction from an alternative base station in lieu of a base hospital when the following conditions are met:
(a)  The alternative base station has been designated by the local EMS agency and approved by the medical director of the local EMS agency, pursuant to Section 1798.105, to provide medical direction to prehospital personnel because no base hospital is available to provide medical direction for the geographical area assigned.
(b)  The medical direction is provided by either of the following:
(1)  A physician and surgeon who is trained and qualified to issue advice and instructions to prehospital emergency medical care personnel.
(2)  A mobile intensive care nurse who has been authorized by the medical director of the local EMS agency, pursuant to Section 1797.56, as qualified to issue instructions to prehospital emergency medical care personnel.
(Added by Stats. 1988, Ch. 1390, Sec. 8.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 5 - Medical Control › Section 1798.6.

1798.6. (a)  Authority for patient health care management in an emergency shall be vested in that licensed or certified health care professional, which may include any paramedic or other prehospital emergency personnel, at the scene of the emergency who is most medically qualified specific to the provision of rendering emergency medical care. If no licensed or certified health care professional is available, the authority shall be vested in the most appropriate medically qualified representative of public safety agencies who may have responded to the scene of the emergency.
(b)  If any county desires to establish a unified command structure for patient management at the scene of an emergency within that county, a committee may be established in that county comprised of representatives of the agency responsible for county emergency medical services, the county sheriff’s department, the California Highway Patrol, public prehospital-care provider agencies serving the county, and public fire, police, and other affected emergency service agencies within the county. The membership and duties of the committee shall be established by an agreement for the joint exercise of powers under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.
(c)  Notwithstanding subdivision (a), authority for the management of the scene of an emergency shall be vested in the appropriate public safety agency having primary investigative authority. The scene of an emergency shall be managed in a manner designed to minimize the risk of death or health impairment to the patient and to other persons who may be exposed to the risks as a result of the emergency condition, and priority shall be placed upon the interests of those persons exposed to the more serious and immediate risks to life and health. Public safety officials shall consult emergency medical services personnel or other authoritative health care professionals at the scene in the determination of relevant risks.
(Added by Stats. 1983, Ch. 206, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 5 - Medical Control › Section 1798.8.

1798.8. (a) Notwithstanding any provision of this division, medical control by a local EMS agency medical director, or medical direction and management of an emergency medical services system, as described in this chapter, shall not be construed to do any of the following:
(1) Limit, supplant, prohibit, or otherwise alter a public safety agency’s authority to directly receive and process requests for assistance originating within the public safety agency’s territorial jurisdiction through the emergency “911” system established pursuant to Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code. This paragraph does not supersede the local EMS agency’s authority to adopt and implement emergency lifesaving instructions or EMD prearrival instructions.
(2) Authorize or permit a local EMS agency to delegate, assign, or enter into a contract in contravention of subdivision (b) of Section 53110 of the Government Code.
(3) Authorize or permit a local EMS agency to unilaterally reduce a public safety agency’s response mode below that of the EMS transport provider, prevent a public safety response, or alter the deployment of public safety emergency response resources within the public safety agency’s territorial jurisdiction.
(4) Authorize or permit a local EMS agency to prevent a public safety agency from providing mutual aid pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code).
(b) A public safety agency’s adherence to the policies, procedures, and protocols adopted by a local EMS agency does not constitute a transfer of any of the public safety agency’s authorities regarding the administration of emergency medical services.
(Added by Stats. 2019, Ch. 389, Sec. 4. (SB 438) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 6 - Facilities › ARTICLE 1 - Base Hospitals › Section 1798.100.

1798.100. In administering the EMS system, the local EMS agency, with the approval of its medical director, may designate and contract with hospitals or other entities approved by the medical director of the local EMS agency pursuant to Section 1798.105 to provide medical direction of prehospital emergency medical care personnel, within its area of jurisdiction, as either base hospitals or alternative base stations, respectively. Hospitals or other entities so designated and contracted with as base hospitals or alternative base stations shall provide medical direction of prehospital emergency medical care provided for the area defined by the local EMS agency in accordance with policies and procedures established by the local EMS agency and approved by the medical director of the local EMS agency pursuant to Sections 1797.220 and 1798.
(Amended by Stats. 1988, Ch. 1390, Sec. 10.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 6 - Facilities › ARTICLE 1 - Base Hospitals › Section 1798.101.

1798.101. (a)  In rural areas, as determined by the authority, where the use of a base hospital having a basic emergency medical service special permit pursuant to subdivision (c) of Section 1277 is precluded because of geographic or other extenuating circumstances, a local EMS agency, in order to assure medical direction to prehospital emergency medical care personnel, may utilize other hospitals which do not have a basic emergency medical service permit but which have been approved by the medical director of the local EMS agency for utilization as a base hospital, if both of the following apply:
(1)  Medical control is maintained in accordance with policies and procedures established by the local EMS agency, with the approval of the medical director of the local EMS agency.
(2)  Approval is secured from the authority.
(b)  (1)  In rural areas, as determined by the authority, when the use of a hospital having a basic emergency medical service special permit is precluded because of geographic or other extenuating circumstances, as determined by the authority, the medical director of the local EMS agency may authorize another facility which does not have this special permit to receive patients requiring emergency medical services if the facility has adequate staff and equipment to provide these services, as determined by the medical director of the local EMS agency.
(2)  A local EMS agency which utilizes in its EMS system any facility which does not have a special permit to receive patients requiring emergency medical care pursuant to paragraph (1) shall submit to the authority, as part of the plan required by Section 1797.254, protocols approved by the medical director of the local EMS agency to ensure that the use of that facility is in the best interests of patient care. The protocols addressing patient safety and the use of the nonpermit facility shall take into account, but not be limited to, the following:
(A)  The medical staff, and the availability of the staff at various times to care for patients requiring emergency medical services.
(B)  The ability of staff to care for the degree and severity of patient injuries.
(C)  The equipment and services available at the facility necessary to care for patients requiring emergency medical services and the severity of their injuries.
(D)  The availability of more comprehensive emergency medical services and the distance and travel time necessary to make the alternative emergency medical services available.
(E)  The time of day and any limitations which may apply for a nonpermit facility to treat patients requiring emergency medical services.
(3)  Any change in the status of a nonpermit facility, authorized pursuant to this subdivision to care for patients requiring emergency medical services, with respect to protocols and the facility’s ability to care for the patients shall be reported by the facility to the local EMS agency.
(Amended by Stats. 1988, Ch. 1390, Sec. 11.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 6 - Facilities › ARTICLE 1 - Base Hospitals › Section 1798.102.

1798.102. The base hospital shall supervise prehospital treatment, triage, and transport, advanced life support or limited advanced life support, and monitor personnel program compliance by direct medical supervision.
(Amended by Stats. 1984, Ch. 1391, Sec. 17.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 6 - Facilities › ARTICLE 1 - Base Hospitals › Section 1798.104.

1798.104. The base hospital shall provide, or cause to be provided, EMS prehospital personnel training and continuing education in accordance with local EMS policies and procedures.
(Amended by Stats. 1984, Ch. 1391, Sec. 18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 6 - Facilities › ARTICLE 1 - Base Hospitals › Section 1798.105.

1798.105. The medical director of the local EMS agency may approve an alternative base station, as defined in Section 1798.53, to provide medical direction to advanced life support or limited advanced life support personnel for an area of the local EMS system for which no qualified base hospital is available, to provide that medical direction, providing that both the following conditions are met:
(a)  Medical control is maintained in accordance with policies and procedures established by the local EMS agency, with the approval of the medical director of the local EMS agency.
(b)  Any responsibilities of a base station hospital, including review of run reports or provision of continuing education, which are not assigned to the alternative base station, are assigned to either the local EMS agency, a base hospital for another area of the local EMS system, or a receiving hospital which has been approved by the medical director to, and has agreed to, assume the responsibilities.
(Added by Stats. 1988, Ch. 1390, Sec. 12.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 6 - Facilities › ARTICLE 2.5 - Regional Trauma Systems › Section 1798.160.

1798.160. Except where the context otherwise requires, the following definitions govern the construction of this article:
(a)  “Trauma case” means any injured person who has been evaluated by prehospital personnel according to policies and procedures established by the local EMS agency pursuant to Section 1798.163 and who has been found to require transportation to a trauma facility.
(b)  “Trauma facility” means a health facility, as defined by regulation, which is capable of treating one or more types of potentially seriously injured persons and which has been designated as part of the regional trauma care system by the local EMS agency. A facility may be a trauma facility for one or more services, as designated by the local EMS agency.
(c)  “Trauma care system” means an arrangement under which trauma cases are transported to, and treated by, the appropriate trauma facility.
(Amended by Stats. 1984, Ch. 1735, Sec. 5. Effective September 30, 1984.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 6 - Facilities › ARTICLE 2.5 - Regional Trauma Systems › Section 1798.161.

1798.161. (a)  The authority shall submit draft regulations specifying minimum standards for the implementation of trauma care systems to the commission on or before July 1, 1984, and shall adopt the regulations on or before July 1, 1985. These regulations shall provide specific requirements for the care of trauma cases and shall ensure that the trauma care system is fully coordinated with all elements of the existing emergency medical services system. The regulations shall be adopted as provided in Section 1799.50, and shall include, but not be limited to, all of the following:
(1)  Prehospital care management guidelines for triage and transportation of trauma cases.
(2)  Flow patterns of trauma cases and geographic boundaries regarding trauma and nontrauma cases.
(3)  The number and type of trauma cases necessary to assure that trauma facilities will provide quality care to trauma cases referred to them.
(4)  The resources and equipment needed by trauma facilities to treat trauma cases.
(5)  The availability and qualifications of the health care personnel, including physicians and surgeons, treating trauma cases within a trauma facility.
(6)  Data collection regarding system operation and patient outcome.
(7)  Periodic performance evaluation of the trauma system and its components.
(b)  The authority may grant an exception to a portion of the regulations adopted pursuant to subdivision (a) upon substantiation of need by a local EMS agency that, as defined in the regulations, compliance with that requirement would not be in the best interests of the persons served within the affected local EMS area.
(Amended by Stats. 1984, Ch. 1735, Sec. 6. Effective September 30, 1984.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 6 - Facilities › ARTICLE 2.5 - Regional Trauma Systems › Section 1798.162.

1798.162. (a)  A local emergency medical services agency may implement a trauma care system only if the system meets the minimum standards set forth in the regulations for implementation established by the authority and the plan required by Section 1797.257 has been submitted to, and approved by, the authority. Prior to submitting the plan for the trauma care system to the authority, a local emergency medical services agency shall hold a public hearing and shall give adequate notice of the public hearing to all hospitals and other interested parties in the area proposed to be included in the system. This subdivision does not preclude a local EMS agency from adopting trauma care system standards which are more stringent than those established by the regulations.
(b)  Notwithstanding subdivision (a) or any other provision of this article, the Santa Clara County Emergency Medical Services Agency may implement a trauma care system prior to the adoption of regulations by the authority pursuant to Section 1798.161. If the Santa Clara County Emergency Medical Services Agency implements a trauma care system pursuant to this subdivision prior to the adoption of those regulations by the authority, the agency shall prepare and submit to the authority a trauma care system plan which conforms to any regulations subsequently adopted by the authority.
(Amended by Stats. 1984, Ch. 1735, Sec. 7. Effective September 30, 1984.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 6 - Facilities › ARTICLE 2.5 - Regional Trauma Systems › Section 1798.163.

1798.163. A local emergency medical services agency implementing a trauma care system shall establish policies and procedures which are concordant and consistent with the minimum standards set forth in the regulations adopted by the authority. This section does not preclude a local EMS agency from adopting trauma care system standards which are more stringent than those established by the regulations.
(Amended by Stats. 1984, Ch. 1735, Sec. 8. Effective September 30, 1984.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 6 - Facilities › ARTICLE 2.5 - Regional Trauma Systems › Section 1798.164.

1798.164. (a)  A local emergency medical services agency may charge a fee to an applicant seeking initial or continuing designation as a trauma facility in an amount sufficient to cover the costs directly related to the designation of trauma facilities pursuant to Section 1798.165 and to the development of the plans prepared pursuant to Sections 1797.257 and 1797.258, and subdivision (b) of Section 1798.162.
(b)  Each local emergency medical services agency charging fees pursuant to subdivision (a) shall annually provide a report to the authority and to each trauma facility having paid a fee to the agency. The report shall contain sufficient detail to apprise facilities of the specific application of fees collected and to assure the authority that fees collected were expended in compliance with subdivision (a).
(c)  The authority may establish a prescribed format for the report required in subdivision (b).
(Amended by Stats. 1988, Ch. 768, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 6 - Facilities › ARTICLE 2.5 - Regional Trauma Systems › Section 1798.165.

1798.165. (a)  Local emergency medical services agencies may designate trauma facilities as part of their trauma care system pursuant to the regulations promulgated by the authority.
(b)  The health facility shall only be designated to provide the level of trauma care and service for which it is qualified and which is included within the system implemented by the agency.
(c)  No health care provider shall use the terms “trauma facility,” “trauma hospital,” “trauma center,” “trauma care provider,” “trauma vehicle,” or similar terminology in its signs or advertisements, or in printed materials and information it furnishes to the general public, unless the use is authorized by the local EMS agency.
(Amended by Stats. 1985, Ch. 570, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 6 - Facilities › ARTICLE 2.5 - Regional Trauma Systems › Section 1798.166.

1798.166. A local emergency medical services agency which elects to implement a trauma care system on or after January 1, 1984, shall develop and submit a plan to the authority according to the regulations established prior to the implementation.
(Added by Stats. 1983, Ch. 1067, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 6 - Facilities › ARTICLE 2.5 - Regional Trauma Systems › Section 1798.167.

1798.167. Nothing in this article shall be construed to restrict the authority of a health care facility to provide a service for which it has received a license pursuant to Chapter 2 (commencing with Section 1250) of Division 2.
(Added by Stats. 1983, Ch. 1067, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 6 - Facilities › ARTICLE 2.5 - Regional Trauma Systems › Section 1798.168.

1798.168. Nothing in this article shall be construed as changing the boundaries of any local emergency medical services agency in existence on January 1, 1984.
(Added by Stats. 1983, Ch. 1067, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 6 - Facilities › ARTICLE 2.5 - Regional Trauma Systems › Section 1798.169.

1798.169. Nothing in this article shall be construed as restricting the use of a helicopter of the Department of the California Highway Patrol from performing missions which the department determines are in the best interests of the people of the State of California.
(Added by Stats. 1983, Ch. 1067, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 6 - Facilities › ARTICLE 3 - Transfer Agreements › Section 1798.170.

1798.170. A local EMS agency may develop triage and transfer protocols to facilitate prompt delivery of patients to appropriate designated facilities within and without its area of jurisdiction. Considerations in designating a facility shall include, but shall not be limited to, the following:
(a)  A general acute care hospital’s consistent ability to provide on-call physicians and services for all emergency patients regardless of ability to pay.
(b)  The sufficiency of hospital procedures to ensure that all patients who come to the emergency department are examined and evaluated to determine whether or not an emergency condition exists.
(c)  The hospital’s compliance with local EMS protocols, guidelines, and transfer agreement requirements.
(Amended by Stats. 1987, Ch. 1240, Sec. 16.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 6 - Facilities › ARTICLE 3 - Transfer Agreements › Section 1798.172.

1798.172. (a)  The local EMS agency shall establish guidelines and standards for completion and operation of formal transfer agreements between hospitals with varying levels of care in the area of jurisdiction of the local EMS agency consistent with Sections 1317 to 1317.9a, inclusive, and Chapter 5 (commencing with Section 1798). Each local EMS agency shall solicit and consider public comment in drafting guidelines and standards. These guidelines shall include provision for suggested written agreements for the type of patient, initial patient care treatments, requirements of interhospital care, and associated logistics for transfer, evaluation, and monitoring of the patient.
(b)  Notwithstanding subdivision (a), and in addition to Section 1317, a general acute care hospital licensed under Chapter 2 (commencing with Section 1250) of Division 2 shall not transfer a person for nonmedical reasons to another health facility unless that other facility receiving the person agrees in advance of the transfer to accept the transfer.
(Amended by Stats. 1988, Ch. 888, Sec. 6. Effective September 14, 1988.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 6 - Facilities › ARTICLE 4 - Poison Control Centers › Section 1798.180.

1798.180. (a)  The authority shall establish minimum standards for the operation of poison control centers.
(b)  The authority shall establish geographical service areas and criteria for designation of regional poison control centers. The authority may designate poison control centers which have met the standards established pursuant to subdivision (a), in accordance with the criteria adopted pursuant to this subdivision.
(c)  No person or persons, business, agency, organization, or other entity, whether public or private, shall hold itself out as providing a poison advice service or use the term poison control center, poison advice center, or any other term which implies that it is qualified to provide advice on the treatment or handling of poisons in its advertising, name, or in printed materials and information it furnishes to the general public unless that entity meets one of the following conditions:
(1)  Has been designated as a poison control center by the authority.
(2)  Is a company or organization which provides a poison information service for products or chemicals which it manufactures or distributes.
(d)  Nothing in this section shall prohibit a qualified health care professional, within his or her level of professional expertise, from providing advice regarding poisoning or poisons to his or her patient or patients upon request or whenever he or she deems it warranted in the exercise of his or her professional judgment, as otherwise permitted by law.
(Amended by Stats. 1987, Ch. 972, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 6 - Facilities › ARTICLE 4 - Poison Control Centers › Section 1798.181.

1798.181. The authority shall consolidate the number of poison control centers if it is determined by the authority that the consolidation will result in cost savings.
(Added by Stats. 1992, Ch. 1366, Sec. 1. Effective October 27, 1992.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 6 - Facilities › ARTICLE 4 - Poison Control Centers › Section 1798.182.

1798.182. The authority may authorize a poison control center, instead of providing poison control services directly, to contract with an entity in another state to provide poison control services during any part of the 24-hour period for which the center is required to provide poison control services, if both of the following conditions are met:
(a)  The center is unable to provide poison control services 24 hours a day.
(b)  The entity in the other state provides substantially the same poison control services as required under Section 1798.180, and regulations adopted pursuant thereto. An entity in another state shall not be deemed not to provide substantially the same poison control services solely because the staff of the entity is licensed in the other state, and not licensed in the State of California.
(Added by Stats. 1993, Ch. 236, Sec. 1. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 6 - Facilities › ARTICLE 4 - Poison Control Centers › Section 1798.183.

1798.183. The authority may authorize a poison control center to provide poison control services for fewer than 24 hours a day, as the authority deems necessary.
(Added by Stats. 1993, Ch. 236, Sec. 2. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 7 - Penalties › Section 1798.201.

1798.201. (a) When information comes to the attention of the medical director of the local EMS agency that an EMT-P licenseholder has committed any act or omission that appears to constitute grounds for disciplinary action under this division, the medical director of the local EMS agency may evaluate the information to determine if there is reason to believe that disciplinary action may be necessary.
(b) If the medical director sends a recommendation to the authority for further investigation or discipline of the licenseholder, the recommendation shall include all documentary evidence collected by the medical director in evaluating whether or not to make that recommendation. The recommendation and accompanying evidence shall be deemed in the nature of an investigative communication and be protected by the provisions listed in Section 7920.505 of the Government Code. In deciding what level of disciplinary action is appropriate in the case, the authority shall consult with the medical director of the local EMS agency.
(Amended by Stats. 2021, Ch. 615, Sec. 238. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 7 - Penalties › Section 1798.202.

1798.202. (a)  The director of the authority or the medical director of the local EMS agency, after consultation with the relevant employer, may temporarily suspend, prior to hearing, any EMT-P license upon a determination that: (1) the licensee has engaged in acts or omissions that constitute grounds for revocation of the EMT-P license; and (2) permitting the licensee to continue to engage in the licensed activity, or permitting the licensee to continue in the licensed activity without restriction, would present an imminent threat to the public health or safety. When the suspension is initiated by the local EMS agency, subdivision (b) shall apply. When the suspension is initiated by the director of the authority, subdivision (c) shall apply.
(b)  The local EMS agency shall notify the licensee that his or her EMT-P license is suspended and shall identify the reasons therefor. Within three working days of the initiation of the suspension by the local EMS agency, the agency shall transmit to the authority, via facsimile transmission or overnight mail, all documentary evidence collected by the local EMS agency relative to the decision to temporarily suspend. Within two working days of receipt of the local EMS agency’s documentary evidence, the director of the authority shall determine the need for the licensure action. Part of that determination shall include an evaluation of the need for continuance of the suspension during the licensure action review process. If the director of the authority determines that the temporary suspension order should not continue, the authority shall immediately notify the licensee that the temporary suspension is lifted. If the director of the authority determines that the temporary suspension order should continue, the authority shall immediately notify the licensee of the decision to continue the temporary suspension and shall, within 15 calendar days of receipt of the EMS agency’s documentary evidence, serve the licensee with a temporary suspension order and accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(c)  The director of the authority shall initiate a temporary suspension with the filing of a temporary suspension order and accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code and shall notify the director of the local EMS agency, and the relevant employer.
(d)  If the licensee files a notice of defense, the hearing shall be held within 30 days of the authority’s receipt of the notice of defense. The temporary suspension order shall be deemed vacated if the authority fails to make a final determination on the merits within 15 days after the administrative law judge renders the proposed decision.
(Repealed and added by Stats. 1994, Ch. 709, Sec. 8. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 7 - Penalties › Section 1798.205.

1798.205. Any alleged violations of local EMS agency transfer protocols, guidelines, or agreements shall be evaluated by the local EMS agency. If the local EMS agency has concluded that a violation has occurred, it shall take whatever corrective action it deems appropriate within its jurisdiction, including referrals to the district attorney under Sections 1798.206 and 1798.208 and shall notify the State Department of Health Services if it concludes that any violation of Sections 1317 to 1317.9a, inclusive, has occurred.
(Added by Stats. 1987, Ch. 1240, Sec. 18.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 7 - Penalties › Section 1798.206.

1798.206. Any person who violates this part, the rules and regulations adopted pursuant thereto, or county ordinances adopted pursuant to this part governing patient transfers, is guilty of a misdemeanor. The Attorney General or the district attorney may prosecute any of these misdemeanors which falls within his or her jurisdiction.
(Amended by Stats. 1987, Ch. 1225, Sec. 17.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 7 - Penalties › Section 1798.207.

1798.207. (a)  It is a misdemeanor for any person to knowingly and willfully engage in conduct that subverts or attempts to subvert any licensing or certification examination, or the administration of any licensing or certification examination, conducted pursuant to this division, including, but not limited to, any of the following:
(1)  Conduct that violates the security of the examination material.
(2)  Removing from the examination room any examination materials without authorization.
(3)  The unauthorized reproduction by any means of any portion of the actual licensing or certification examination.
(4)  Aiding by any means the unauthorized reproduction of any portion of the actual licensing or certification examination.
(5)  Paying or using professional or paid examination-takers, for the purpose of reconstructing any portion of the licensing or certification examination.
(6)  Obtaining or attempting to obtain examination questions or other examination material from examinees or by any other method, except by specific authorization either before, during, or after an examination.
(7)  Using or purporting to use any examination questions or materials that were improperly removed or taken from any examination for the purpose of instructing or preparing any applicant for examination.
(8)  Selling, distributing, buying, receiving, or having unauthorized possession of any portion of a future, current, or previously administered licensing or certification examination.
(9)  Communicating with any other examinee during the administration of a licensing or certification examination.
(10)  Copying answers from another examinee or permitting one’s answers to be copied by another examinee.
(11)  Having in one’s possession during the administration of the licensing or certification examination any books, equipment, notes written or printed materials, or data of any kind, other than the examination materials distributed, or otherwise authorized to be in one’s possession during the examination.
(12)  Impersonating any examinee or having an impersonator take the licensing or certification examination on one’s behalf.
(b)  The penalties provided in this section are not exclusive remedies and shall not preclude remedies provided pursuant to any other provision of law.
(c)  In addition to any other penalties, a person found guilty of violating this section shall be liable for the actual damages sustained by the agency administering the examination not to exceed ten thousand dollars ($10,000) and the costs of litigation.
(Added by Stats. 1992, Ch. 215, Sec. 1. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 7 - Penalties › Section 1798.208.

1798.208. Whenever any person who has engaged, or is about to engage, in any act or practice which constitutes, or will constitute, a violation of any provision of this division, the rules and regulations promulgated pursuant thereto, or local EMS agency mandated protocols, guidelines, or transfer agreements, the superior court in and for the county wherein the acts or practices take place or are about to take place may issue an injunction or other appropriate order restraining the conduct on application of the authority, the Attorney General, or the district attorney of the county. The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that no undertaking shall be required.
(Amended by Stats. 1987, Ch. 1240, Sec. 19.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 7 - Penalties › Section 1798.209.

1798.209. The local EMS agency may place on probation, suspend, or revoke the approval under this division of any training program for failure to comply with this division or any rules or regulations adopted pursuant thereto.
(Added by Stats. 1994, Ch. 709, Sec. 9. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 7 - Penalties › Section 1798.210.

1798.210. (a) The Paramedic Disciplinary Review Board may impose an administrative fine of up to two thousand five hundred dollars ($2,500) per violation against a licensed paramedic found to have committed any of the actions described by subdivision (c) of Section 1798.200 that did not result in actual harm to a patient. Fines may not be imposed if a paramedic has previously been disciplined by the authority or the board for any other act committed within the immediately preceding five-year period.
(b) The board shall adopt regulations establishing an administrative fine structure, taking into account the nature and gravity of the violation. The administrative fine shall not be imposed in conjunction with a suspension for the same violation, but may be imposed in conjunction with probation for the same violation except when the conditions of the probation require a paramedic’s personal time or expense for training, clinical observation, or related corrective instruction.
(c) In assessing the fine, the board shall give due consideration to the appropriateness of the amount of the fine with respect to factors that include the gravity of the violation, the good faith of the paramedic, the history of previous violations, any discipline imposed by the paramedic’s employer for the same occurrence of that conduct, as reported pursuant to Section 1799.112, and the totality of the discipline to be imposed. The imposition of the fine shall be subject to the administrative adjudication provisions set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(d) If a paramedic does not pay the administrative fine imposed by the board and chooses not to renew their license, the board may enforce the order for repayment in any appropriate court. This right of enforcement shall be in addition to any other rights the board may have to require a paramedic to pay costs.
(e) In any action for collection of an administrative fine, proof of the board’s decision shall be conclusive proof of the validity of the order of payment and the terms for payment.
(f) (1) Except as provided in paragraph (2), the authority shall not license or renew the license of any paramedic who has failed to pay an administrative fine ordered under this section.
(2) The authority may, in its discretion, conditionally license or renew for a maximum of one year the license of any paramedic who demonstrates financial hardship and who enters into a formal agreement with the board to reimburse the board within that one-year period for the unpaid fine.
(g) All funds recovered under this section shall be deposited into the state General Fund.
(h) This section does not preclude the board from imposing an administrative fine in a stipulated settlement.
(i) For purposes of this section, “licensed paramedic” includes a paramedic whose license has lapsed or has been surrendered.
(Amended by Stats. 2021, Ch. 463, Sec. 8. (AB 450) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 7 - Penalties › Section 1798.211.

1798.211. When making a decision regarding a disciplinary action pursuant to Section 1798.200 or Section 1798.210, the authority, the board, and, if applicable, the administrative law judge, shall give credit for the time during which the licensee was subject to disciplinary action imposed by the employer and for the time during which the licensee was under immediate suspension imposed by the local EMS agency for the same conduct.
(Amended by Stats. 2021, Ch. 463, Sec. 9. (AB 450) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 8 - The Commission on Emergency Medical Services › ARTICLE 1 - The Commission › Section 1799.

1799. The Commission on Emergency Medical Services is hereby created in the California Health and Human Services Agency.
(Amended by Stats. 2008, Ch. 275, Sec. 3. Effective January 1, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 8 - The Commission on Emergency Medical Services › ARTICLE 1 - The Commission › Section 1799.3.

1799.3. At the discretion of the appointing power or body, a member of the commission may be reappointed or may continue to serve if he or she no longer continues to function in the capacity which originally qualified him or her for appointment. However, where Section 1799.2 requires that an appropriate organization submit names to the appointing power or body, a person shall not be reappointed pursuant to this section unless his or her name is submitted by that appropriate organization.
(Added by Stats. 1985, Ch. 42, Sec. 2. Effective May 15, 1985.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 8 - The Commission on Emergency Medical Services › ARTICLE 1 - The Commission › Section 1799.4.

1799.4. (a)  Except as otherwise provided in this section, the terms of the members of the commission shall be three calendar years, commencing January 1 of the year of appointment. No member shall serve more than two consecutive full terms; provided, however, that a term or part of a term served pursuant to paragraph (1) or (2) of subdivision (b) shall not be included in this limitation.
(b)  (1)  The first members appointed on or after January 1, 1985, pursuant to subdivisions (a), (b), (c), and (d) of Section 1799.2 shall serve from the date of appointment to the end of that calendar year, plus one additional year.
(2)  The first members appointed on or after January 1, 1985, pursuant to subdivisions (e), (f), (g), (h), and (i) of Section 1799.2 shall serve from the date of appointment to the end of that calendar year, plus two additional years.
(3)  The first members appointed on or after January 1, 1985, pursuant to subdivisions (j), (k), and (m) of Section 1799.2 shall be from the date of appointment to the end of that calendar year, plus three additional years.
(4)  The first member appointed on or after January 1, 1985, pursuant to subdivision ( l) of Section 1799.2 shall serve from the date of appointment to the end of that calendar year, plus one additional year, and the second member shall serve from the date of appointment to the end of that calendar year, plus two additional years.
(5)  The first member appointed pursuant to subdivision (n) of Section 1799.2 shall serve from the date of appointment to the end of the 1991 calendar year.
(6)  It is the purpose of this subdivision to provide for staggered terms for the members of the commission.
(Amended by Stats. 1987, Ch. 1102, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 8 - The Commission on Emergency Medical Services › ARTICLE 1 - The Commission › Section 1799.6.

1799.6. The members of the commission shall receive no compensation for their services, but shall be reimbursed for their actual, necessary, traveling and other expenses incurred in the discharge of their duties.
(Added by Stats. 1980, Ch. 1260.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 8 - The Commission on Emergency Medical Services › ARTICLE 1 - The Commission › Section 1799.8.

1799.8. The commission shall select a chairperson from its members and shall meet at least quarterly on the call of the director, the chairperson, or three members of the commission.
(Added by Stats. 1980, Ch. 1260.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 8 - The Commission on Emergency Medical Services › ARTICLE 2 - Duties of the Commission › Section 1799.50.

1799.50. The commission shall review and approve regulations, standards, and guidelines to be developed by the authority for implementation of this division.
(Amended by Stats. 1986, Ch. 248, Sec. 138.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 8 - The Commission on Emergency Medical Services › ARTICLE 2 - Duties of the Commission › Section 1799.51.

1799.51. The commission shall advise the authority on the development of an emergency medical data collection system.
(Added by Stats. 1980, Ch. 1260.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 8 - The Commission on Emergency Medical Services › ARTICLE 2 - Duties of the Commission › Section 1799.53.

1799.53. The commission shall advise the director with regard to communications, medical equipment, training personnel, facilities, and other components of an emergency medical services system.
(Added by Stats. 1980, Ch. 1260.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 8 - The Commission on Emergency Medical Services › ARTICLE 2 - Duties of the Commission › Section 1799.54.

1799.54. The commission shall review and comment upon the emergency medical services portion of the State Health Facilities and Service Plan developed pursuant to Section 127155.
(Amended by Stats. 1996, Ch. 1023, Sec. 175. Effective September 29, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 8 - The Commission on Emergency Medical Services › ARTICLE 2 - Duties of the Commission › Section 1799.55.

1799.55. Based upon evaluations of the EMS systems in the state and their coordination, the commission shall make recommendations for further development and future directions of the emergency medical services in the state.
(Added by Stats. 1980, Ch. 1260.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 8 - The Commission on Emergency Medical Services › ARTICLE 2 - Duties of the Commission › Section 1799.56.

1799.56. The commission may utilize technical advisory panels established pursuant to the provisions of Section 1797.133 as are needed to assist in developing standards for emergency medical services.
(Added by Stats. 1980, Ch. 1260.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2.5 - EMERGENCY MEDICAL SERVICES › CHAPTER 9 - Liability Limitation › Section 1799.100.

1799.100. In order to encourage local agencies and other organizations to train people in emergency medical services, no local agency, entity of state or local government, private business or nonprofit organization included on the statewide registry that voluntarily and without expectation and receipt of compensation donates services, goods, labor, equipment, resources, or dispensaries or other facilities, in compliance with Section 8588.2 of the Government Code, or other public or private organization which sponsors, authorizes, supports, finances, or supervises the training of people, or certifies those people, excluding physicians and surgeons, registered nurses, and licensed vocational nurses, as defined, in emergency medical services, shall be liable for any civil damages alleged to result from those training programs.
(Amended by Stats. 2008, Ch. 363, Sec. 3. Effective January 1, 2009.)