During the 2014 session of the Virginia General Assembly HB581 and SB355 were introduced by Delegate Stolle and Senator Stuart, respectively to address the inconsistent use of terms and phrases in the Code of Virginia that refer to individuals, organizations, vehicles, medical directors, etc. as they relate to emergency medical services (EMS). For example, currently, EMS agencies are referenced by multiple terms in the code; i.e., rescue squad, life saving crews, first aid crew, volunteer sea rescue, etc. These bills, identical in nature, were also introduced to separate Fire and EMS in the code in an attempt to develop legal and operational clarity.
Because of the compressed time frame during the legislative session, there was not sufficient time for key stakeholder groups and other interested parties to review the changes proposed in HB581/SB355 to multiple sections of the Code. HB 581 was carried over to the Health, Welfare and Institutions Committee until the 2015 session of the Virginia General Assembly. SB 355 was carried over until 2015 with a request for the state EMS Advisory Board to review and make recommended changes to the existing bills. By not acting on these bills, the legislature gave key stakeholder groups and other interested parties addition time to comment on the proposed code language changes. The EMS community will be in a better position to understand the proposed changes to the Code if they have had an opportunity to participate in drafting the language changes.
At the direction of the state EMS Advisory Board Chairman, Mr. Gary Critzer, a workgroup of the Legislation and Planning committee was formed to review the existing code and with input from key stakeholder groups and other interested parties, make recommendations for technical changes to the Code in order to reduce the ambiguity and confusion over the use of definitions and terms related to EMS. The workgroup includes representation from OEMS, VDFP, VFCA, VPFF, Virginia Firefighters’ Association, VAA, VAVRS, VAGEMSA, regional EMS Councils, and the Division of Legislative Services.
The workgroup has met on March 14 and April 18, May 30 and August 1. The guiding principles of the workgroup are as follows: 1) Update language in the code to be consistent with the EMS Regulations (12VAC5-31) by making technical changes, 2) Make no substantive changes resulting in a change in policy or procedure, 3) remove citations in code to Fire/EMS used in Title 27 and move all references to EMS to Title 32 of the Health section of the Code in an effort to develop legal and operational clarity between Fire and EMS.
Individuals and organizations interested in providing public comments related to the latest version of the draft bill language should submit their remarks on-line using the template provided. For a summary of the recommended changes made by the workgroup, please click here. If you would like to comment on the recommended changes or suggest alternative language, please be sure to complete the public comment template in its entirety noting the page and line number of the recommended change and suggested change(s) showing deletions as strikethroughs and additional language as underlined. Public comments on the proposed draft comprehensive EMS bill language will be received until 5 PM on Friday, October 3.
Following the public comment period, additional changes may be made to the draft bill language by the workgroup before presenting a final proposed draft of the bill language to the state EMS Advisory Board on November 5, 2014. After approval by the state EMS Advisory Board, the draft bill language will then be available for interested legislators to pre-file in December for the 2015 session of the Virginia General Assembly that begins on January 14.
If you have questions or require additional information, please contact Mr. Scott Winston, Asst. Director, VA OEMS at scott.winston@vdh.virginia.govor at 804-888-9135 or toll free in VA, 1-800-523-6019.