requires two-thirds majority vote (§ )                                                     

                                                                                                  

 

Assembly Bill No. 488–Committee on
Health and Human Services

 

(On Behalf of Clark County)

 

March 19, 2001

____________

 

Referred to Committee on Health and Human Services

 

SUMMARY—Revises provisions relating to transportation by fire-fighting agencies of sick or injured persons to medical facilities. (BDR 40‑181)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to emergency medical services; authorizing a fire-fighting agency to transport sick or injured persons to a medical facility; extending the grant of limited civil immunity of certain persons who are employed or serve as volunteers for a public fire-fighting agency to include certain conduct while transporting sick or injured persons to a medical facility; authorizing a board of county commissioners to establish fees for the transportation by a fire department of sick or injured persons to a medical facility; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1.  NRS 450B.040 is hereby amended to read as follows:

   450B.040  “Ambulance” means a motor vehicle , including, without limitation, a vehicle of a fire-fighting agency, which is specially designed, constructed, equipped and staffed to provide basic, intermediate or advanced care for one or more:

   1.  Sick or injured persons; or

   2.  Persons whose medical condition may require special observation during transportation or transfer.

1-1    Sec. 2.  NRS 450B.072 is hereby amended to read as follows:

1-2    450B.072  “Fire-fighting agency” means a fire department or fire

1-3  protection district of the state or a political subdivision which holds a

1-4  permit authorizing it to provide intermediate or advanced medical care to

1-5  sick or injured persons at the scene of an [emergency. This ] emergency or

1-6  while transporting those persons to a medical facility. The term does not

2-1  include a [person or governmental] private entity which provides

2-2  transportation of [those] such persons to a medical facility.

2-3    Sec. 3.  NRS 450B.100 is hereby amended to read as follows:

2-4    450B.100  “Permit” means the permit issued by the health authority

2-5  under the provisions of this chapter to:

2-6    1.  A person, agency of the state or political subdivision to own or

2-7  operate an ambulance or air ambulance in the State of Nevada; or

2-8    2.  A fire-fighting agency to provide intermediate or advanced medical

2-9  care to sick or injured persons at the scene of an emergency[.] or while

2-10  transporting those persons to a medical facility.

2-11    Sec. 4.  NRS 450B.240 is hereby amended to read as follows:

2-12    450B.240  1.  A person or governmental entity shall not engage in the

2-13  operation of any ambulance or air ambulance service in this state without a

2-14  currently valid permit for that service issued by the health authority.

2-15    2.  A fire-fighting agency shall not provide intermediate or advanced

2-16  medical care to sick or injured persons at the scene of an emergency or

2-17  while transporting those persons to a medical facility without a currently

2-18  valid permit for that care issued by the health authority.

2-19    Sec. 5.  NRS 450B.250 is hereby amended to read as follows:

2-20    450B.250  Except as otherwise provided in this chapter, a person shall

2-21  not serve as an attendant on any ambulance or air ambulance and a fireman

2-22  shall not provide intermediate or advanced medical care to sick or injured

2-23  persons at the scene of an emergency or while transporting those persons

2-24  to a medical facility unless he holds a currently valid license issued by the

2-25  health authority under the provisions of this chapter.

2-26    Sec. 6.  NRS 450B.260 is hereby amended to read as follows:

2-27    450B.260  1.  Except as otherwise provided in this section, the public

2-28  or private owner of an ambulance or air ambulance or a fire-fighting

2-29  agency which owns a vehicle used in providing medical care to sick or

2-30  injured persons at the scene of an emergency or while transporting those

2-31  persons to a medical facility shall not permit its operation and use by any

2-32  person not licensed under this chapter.

2-33    2.  An ambulance carrying a sick or injured patient must be occupied

2-34  by a driver and an attendant, each of whom is licensed as an attendant

2-35  pursuant to this chapter or exempt from licensing pursuant to subsection 6

2-36  of NRS 450B.160, except in geographic areas which may be designated by

2-37  the board and for which the board may prescribe lesser qualifications.

2-38    3.  An air ambulance carrying a sick or injured patient must be

2-39  occupied by a licensed attendant, or a person exempt from licensing

2-40  pursuant to subsection 6 of NRS 450B.160, in addition to the pilot of the

2-41  aircraft.

2-42    4.  The pilot of an air ambulance is not required to have a license under

2-43  this chapter.

2-44    5.  A person who operates or uses a vehicle owned by a fire-fighting

2-45  agency is not required to be licensed under this chapter, except that such a

2-46  vehicle may not be used to provide intermediate or advanced medical care

2-47  to sick or injured persons at the scene of an emergency or while

2-48  transporting those persons to a medical facility unless at least one person

2-49  in the vehicle is licensed to provide the care.

3-1    Sec. 7.  NRS 41.500 is hereby amended to read as follows:

3-2    41.500  1.  Except as otherwise provided in NRS 41.505, any person

3-3  in this state who renders emergency care or assistance in an emergency,

3-4  gratuitously and in good faith, is not liable for any civil damages as a result

3-5  of any act or omission, not amounting to gross negligence, by him in

3-6  rendering the emergency care or assistance or as a result of any act or

3-7  failure to act, not amounting to gross negligence, to provide or arrange for

3-8  further medical treatment for the injured person.

3-9    2.  Any person in this state who acts as a driver of an ambulance or

3-10  attendant on an ambulance operated by a volunteer service or as a

3-11  volunteer driver or attendant on an ambulance operated by a political

3-12  subdivision of this state, or owned by the Federal Government and

3-13  operated by a contractor of the Federal Government, and who in good faith

3-14  renders emergency care or assistance to any injured or ill person, whether

3-15  at the scene of an emergency or while transporting an injured or ill person

3-16  to or from any clinic, doctor’s office or other medical facility, is not liable

3-17  for any civil damages as a result of any act or omission, not amounting to

3-18  gross negligence, by him in rendering the emergency care or assistance, or

3-19  as a result of any act or failure to act, not amounting to gross negligence, to

3-20  provide or arrange for further medical treatment for the injured or ill

3-21  person.

3-22    3.  Any appointed member of a volunteer service operating an

3-23  ambulance or an appointed volunteer serving on an ambulance operated by

3-24  a political subdivision of this state, other than a driver or attendant, of an

3-25  ambulance, is not liable for any civil damages as a result of any act or

3-26  omission, not amounting to gross negligence, by him whenever he is

3-27  performing his duties in good faith.

3-28    4.  Any person who is a member of a search and rescue organization in

3-29  this state under the direct supervision of any county sheriff who in good

3-30  faith renders care or assistance in an emergency to any injured or ill person,

3-31  whether at the scene of an emergency or while transporting an injured or ill

3-32  person to or from any clinic, doctor’s office or other medical facility, is not

3-33  liable for any civil damages as a result of any act or omission, not

3-34  amounting to gross negligence, by him in rendering the emergency care or

3-35  assistance, or as a result of any act or failure to act, not amounting to gross

3-36  negligence, to provide or arrange for further medical treatment for the

3-37  injured or ill person.

3-38    5.  Any person who is employed by or serves as a volunteer for a public

3-39  fire-fighting agency and who is authorized pursuant to chapter 450B of

3-40  NRS to render emergency medical care to sick or injured persons at the

3-41  scene of an emergency or while transporting those persons to a medical

3-42  facility is not liable for any civil damages as a result of any act or omission,

3-43  not amounting to gross negligence, by that person in rendering that care or

3-44  as a result of any act or failure to act, not amounting to gross negligence, to

3-45  provide or arrange for further medical treatment for the injured or ill

3-46  person.

 

 

 

4-1    6.  Any person who:

4-2    (a) Has successfully completed a course in cardiopulmonary

4-3  resuscitation according to the guidelines of the American National Red

4-4  Cross or American Heart Association;

4-5    (b) Has successfully completed the training requirements of a course in

4-6  basic emergency care of a person in cardiac arrest conducted in accordance

4-7  with the standards of the American Heart Association; or

4-8    (c) Is directed by the instructions of a dispatcher for an ambulance, air

4-9  ambulance or other agency that provides emergency medical services

4-10  before its arrival at the scene of the emergency,

4-11  and who in good faith renders cardiopulmonary resuscitation in accordance

4-12  with his training or the direction, other than in the course of his regular

4-13  employment or profession, is not liable for any civil damages as a result of

4-14  any act or omission, not amounting to gross negligence, by that person in

4-15  rendering that care.

4-16    7.  For the purposes of subsection 6, a person who:

4-17    (a) Is required to be certified in the administration of cardiopulmonary

4-18  resuscitation pursuant to NRS 391.092; and

4-19    (b) In good faith renders cardiopulmonary resuscitation on the property

4-20  of a public school or in connection with a transportation of pupils to or

4-21  from a public school or while on activities that are part of the program of a

4-22  public school,

4-23  shall be presumed to have acted other than in the course of his regular

4-24  employment or profession.

4-25    8.  Any person who:

4-26    (a) Has successfully completed a course in cardiopulmonary

4-27  resuscitation and training in the operation and use of an automated external

4-28  defibrillator that were conducted in accordance with the standards of the

4-29  American Heart Association or the American National Red Cross; and

4-30    (b) Gratuitously and in good faith renders emergency medical care

4-31  involving the use of an automated external defibrillator in accordance with

4-32  his training,

4-33  is not liable for any civil damages as a result of any act or omission, not

4-34  amounting to gross negligence, by that person in rendering that care.

4-35    9.  A person or governmental entity that provided the requisite training

4-36  set forth in subsection 8 to a person who renders emergency care in

4-37  accordance with subsection 8 is not liable for any civil damages as a result

4-38  of any act or omission, not amounting to gross negligence, by the person

4-39  rendering such care.

4-40    10.  A business or organization that has placed an automated external

4-41  defibrillator for use on its premises is not liable for any civil damages as a

4-42  result of any act or omission, not amounting to gross negligence, by the

4-43  person rendering such care or for providing the automated external

4-44  defibrillator to the person for the purpose of rendering such care if the

4-45  business or organization:

4-46    (a) Complies with all current federal and state regulations governing the

4-47  use and placement of an automated external defibrillator;

5-1    (b) Ensures that only a person who has at least the qualifications set

5-2  forth in subsection 8 uses the automated external defibrillator to provide

5-3  care;

5-4    (c) Ensures that the automated external defibrillator is maintained and

5-5  tested according to the operational guidelines established by the

5-6  manufacturer; and

5-7    (d) Establishes and maintains a program to ensure compliance with

5-8  current regulations, requirements for training, requirements for notification

5-9  of emergency medical assistance and guidelines for the maintenance of the

5-10  equipment.

5-11    11.  As used in this section, “gratuitously” means that the person

5-12  receiving care or assistance is not required or expected to pay any

5-13  compensation or other remuneration for receiving the care or assistance.

5-14    Sec. 8.  NRS 244.2961 is hereby amended to read as follows:

5-15    244.2961  1.  The board of county commissioners may by ordinance

5-16  create a district for a fire department. The board of county commissioners

5-17  is ex officio the governing body of any district created pursuant to this

5-18  section and may:

5-19    (a) Organize, regulate and maintain the fire department.

5-20    (b) Appoint and prescribe the duties of the fire chief.

5-21    (c) Designate arson investigators as peace officers.

5-22    (d) Regulate or prohibit the storage of any explosive, combustible or

5-23  inflammable material in or transported through the county, and prescribe

5-24  the distance from any residential or commercial area where it may be kept.

5-25  Any ordinance adopted pursuant to this paragraph that regulates places of

5-26  employment where explosives are stored must be at least as stringent as the

5-27  standards and procedures adopted by the division of industrial relations of

5-28  the department of business and industry pursuant to NRS 618.890.

5-29    (e) Establish, by ordinance, a fire code and other regulations necessary

5-30  to carry out the purposes of this section.

5-31    (f) If the fire department transports sick or injured persons to a

5-32  medical facility:

5-33      (1) Require the fire department to defray the expenses of furnishing

5-34  such transportation by imposing and collecting fees; and

5-35      (2) Establish, by ordinance, a schedule of such fees.

5-36    (g) Include the budget of the district in the budget of the county.

5-37    [(g)] (h) Hold meetings of the governing body of the district in

5-38  conjunction with the meetings of the board of county commissioners

5-39  without posting additional notices of the meetings within the district.

5-40    2.  The other officers and employees of the county shall perform duties

5-41  for the district that correspond to the duties they perform for the county.

5-42    3.  All persons employed to perform the functions of the fire

5-43  department are employees of the county for all purposes.

5-44    Sec. 9.  This act becomes effective on July 1, 2001.

 

5-45  H