Chapter 1. General Provisions of California Health And Safety Code >> Division 2.5. >> Chapter 1.
This division shall be known and may be cited as the
Emergency Medical Services System and the Prehospital Emergency
Medical Care Personnel Act.
The Legislature finds and declares that it is the intent of
this act to provide the state with a statewide system for emergency
medical services by establishing within the Health and Welfare Agency
the Emergency Medical Services Authority, which is responsible for
the coordination and integration of all state activities concerning
emergency medical services.
It is the intent of the Legislature to maintain and promote
the development of EMT-P paramedic programs where appropriate
throughout the state and to initiate EMT-II limited advanced life
support programs only where geography, population density, and
resources would not make the establishment of a paramedic program
The provisions of this division do not preclude the
adoption of additional training standards for EMT-II and EMT-P
personnel by local EMS agencies, consistent with standards adopted
pursuant to Sections 1797.171, 1797.172, and 1797.214.
Any reference in any provision of law to mobile intensive
care paramedics subject to former Article 3 (commencing with Section
1480) of Chapter 2.5 of Division 2 shall be deemed to be a reference
to persons holding valid certificates under this division as an
EMT-I, EMT-II, or EMT-P. Any reference in any provision of law to
mobile intensive care nurses subject to former Article 3 (commencing
with Section 1480) of Chapter 2.5 of Division 2 shall be deemed to be
a reference to persons holding valid authorization under this
division as an MICN.
It is the intent of the Legislature to promote the
development, accessibility, and provision of emergency medical
services to the people of the State of California.
Further, it is the policy of the State of California that people
shall be encouraged and trained to assist others at the scene of a
medical emergency. Local governments, agencies, and other
organizations shall be encouraged to offer training in
cardiopulmonary resuscitation and lifesaving first aid techniques so
that people may be adequately trained, prepared, and encouraged to
assist others immediately.
(a) It is the policy of the State of California to ensure
the provision of effective and efficient emergency medical care. The
Legislature finds and declares that achieving this policy has been
hindered by the confusion and concern in the 58 counties resulting
from the United States Supreme Court's holding in Community
Communications Company, Inc. v. City of Boulder, Colorado, 455 U.S.
40, 70 L. Ed. 2d 810, 102 S. Ct. 835, regarding local governmental
liability under federal antitrust laws.
(b) It is the intent of the Legislature in enacting this section
and Sections 1797.85 and 1797.224 to prescribe and exercise the
degree of state direction and supervision over emergency medical
services as will provide for state action immunity under federal
antitrust laws for activities undertaken by local governmental
entities in carrying out their prescribed functions under this
(a) The Legislature finds and declares that the ability of
some prehospital emergency medical care personnel to move from the
jurisdiction of one local EMS agency which issued certification and
authorization to the jurisdiction of another local EMS agency which
utilizes the same level of emergency medical care personnel will be
unreasonably hindered if those personnel are required to be retested
and recertified by each local EMS agency.
(b) It is the intent of the Legislature in enacting this section
and Section 1797.185 to ensure that EMT-P personnel who have met
state competency standards for their basic scope of practice, as
defined in Chapter 4 (commencing with Section 100135) of Division 9
of Title 22 of the California Code of Regulations, and are currently
certified are recognized statewide without having to repeat testing
or certification for that same basic scope of practice.
(c) It is the intent of the Legislature that local EMS agencies
may require prehospital emergency medical care personnel who were
certified in another jurisdiction to be oriented to the local EMS
system and receive training and demonstrate competency in any
optional skills for which they have not received accreditation. It is
also the intent of the Legislature that no individual who possesses
a valid California EMT-P certificate shall be prevented from
beginning working within the standard statewide scope of practice of
an EMT-P if he or she is accompanied by a EMT-P who is currently
certified in California and is accredited by the local EMS agency. It
is further the intent of the Legislature that the local EMS agency
provide, or arrange for the provision of, training and accreditation
testing in local EMS operational policies and procedures and any
optional skills utilized in the local EMS system within 30 days of
application for accreditation as an EMT-P by the local EMS agency.
(d) It is the intent of the Legislature that subdivisions (a),
(b), and (c) not be construed to hinder the ability of local EMS
agencies to maintain medical control within their EMS system in
accordance with the requirements of this division.
(a) For purposes of this section, the following definitions
(1) "EMT-I" means any person who has training and a valid
certificate as prescribed by Section 1797.80.
(2) "EMT certifying authority" means the medical director of the
local emergency medical services agency.
(b) Any county may, at the discretion of the county or regional
medical director of emergency medical services, develop a program to
certify an EMT-I to administer naloxone hydrochloride by means other
than intravenous injection.
(c) Any county that chooses to implement a program to certify an
EMT-I to administer naloxone hydrochloride, as specified in
subdivision (b), shall approve and administer a training and testing
program leading to certification consistent with guidelines
established by the state Emergency Medical Services Authority.
(d) On or before July 1, 2003, the state Emergency Medical
Services Authority shall develop guidelines relating to the county
certification programs authorized pursuant to subdivision (b).
(e) An EMT-I may be authorized by the EMT certifying authority to
administer naloxone hydrochloride by means other than intravenous
injection only if the EMT-I has completed training and passed an
examination administered or approved by the EMT certifying authority
in the area.
(f) This section shall be operative only until the operative date
of regulations that revise the regulations set forth in Chapter 3
(commencing with Section 100101) of Division 9 of Title 22 of the
California Code of Regulations and that authorize an EMT-I to receive
EMT-II training in administering naloxone hydrochloride without
having to complete the entire EMT-II certification course.
(a) This division shall not be construed to regulate or
authorize state or local regulation of any nonmedical aspects of the
(1) Public aircraft certification or configuration.
(2) Public aircraft maintenance procedures and documentation.
(3) Piloting techniques and methods of piloting public aircraft.
(4) Public aircraft crewmember qualifications.
(5) Pilot certification or qualifications for public aircraft.
(b) For purposes of this section, "public aircraft" has the same
meaning as in Section 1.1 of Title 14 of the Code of Federal