Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, establishes the Emergency Medical Services Authority, among other things, to establish training standards for Emergency Medical Technicians (EMT) at various levels, including EMT-I, EMT-II, and EMT-P. Existing law requires each county that develops an emergency medical services program to designate a local emergency medical services agency to have primary responsibility for administration of emergency medical services in the county.

This bill would authorize the County of San Bernardino to work with the Inland Counties Emergency Medical Agency to conduct a pilot project, commencing January 1, 2019, that would authorize transportation for a police dog, as defined, injured in the line of duty to a facility that is capable of providing veterinary medical services to that dog, if certain conditions are met. The bill would require the Inland Counties Emergency Medical Agency to collect specified data about the pilot project and submit a report to the Legislature describing the data by January 1, 2022. The bill would repeal these provisions on January 1, 2022.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Bernardino.

Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, establishes the Emergency Medical Services Authority, among other things, to establish training standards for Emergency Medical Technicians (EMT) at various levels, including EMT-I, EMT-II, and EMT-P. Existing law requires each county that develops an emergency medical services program to designate a local emergency medical services agency to have primary responsibility for administration of emergency medical services in the county.

This bill would authorize the County of San Bernardino to work with the Inland Counties Emergency Medical Agency to conduct a pilot project, commencing January 1, 2019, that would authorize transportation for a police dog, as defined, injured in the line of duty to a facility that is capable of providing veterinary medical services to that dog, if certain conditions are met. The bill would require the Inland Counties Emergency Medical Agency to collect specified data about the pilot project and submit a report to the Legislature describing the data by January 1, 2022. The bill would repeal these provisions on January 1, 2022.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Bernardino.

Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, establishes the Emergency Medical Services Authority, among other things, to establish training standards for Emergency Medical Technicians (EMT) at various levels, including EMT-I, EMT-II, and EMT-P. Existing law requires each county that develops an emergency medical services program to designate a local emergency medical services agency to have primary responsibility for administration of emergency medical services in the county.

This bill would authorize the County of San Bernardino to work with the Inland Counties Emergency Medical Agency to conduct a pilot project commencing January 1, 2019, that would authorize an emergency medical technician to provide emergency transportation for a police dog, as defined, injured in the line of duty to a facility that is capable of providing veterinary medical services to the injured police dog, as specified. that dog, if certain conditions are met. The bill would require the Inland Counties Emergency Medical Agency to collect specified data about the pilot project and submit a report to the Legislature describing the data by January 1, 2022. The bill would repeal this authority these provisions on January 1, 2022.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Bernardino.

Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, establishes the Emergency Medical Services Authority, among other things, to establish training standards for Emergency Medical Technicians (EMT) at various levels, including EMT-I, EMT-II, and EMT-P. Existing law requires each county that develops an emergency medical services program to designate a local emergency medical services agency to have primary responsibility for administration of emergency medical services in the county.

This bill would authorize the County of San Bernardino to work with its local emergency medical services agency the Inland Counties Emergency Medical Agency to conduct a pilot project commencing January 1, 2019, that would authorize an emergency medical technician to provide emergency transportation for a police dog, as defined, injured in the line of duty to a facility that is capable of providing veterinary medical services to the injured police dog, as specified. The bill would require the Inland Counties Emergency Medical Agency to collect specified data about the pilot project and submit a report to the Legislature describing the data by January 1, 2022. The bill would repeal this authority on January 1, 2022.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Bernardino.

Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, establishes the Emergency Medical Services Authority, among other things, to establish training standards for Emergency Medical Technicians (EMT) at various levels, including EMT-I, EMT-II, and EMT-P. Existing law requires each county that develops an emergency medical services program to designate a local emergency medical services agency to have primary responsibility for administration of emergency medical services in the county.

This bill would authorize the County of San Bernardino to work with its local emergency medical services agency to conduct a pilot project commencing January 1, 2019, that would authorize an emergency medical technician to provide emergency transportation for a police dog, as defined, injured in the line of duty to a facility that is capable of providing veterinary medical services to the injured police dog, as specified. The bill would repeal this authority on January 1, 2022.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Bernardino.

Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, establishes the Emergency Medical Services Authority, among other things, to establish training standards for Emergency Medical Technicians (EMT) at various levels, including EMT-I, EMT-II, and EMT-P. Existing law makes a firefighter, police officer or other law enforcement officer, EMT-I, EMT-II, EMT-P, or registered nurse who renders emergency medical services at the scene of an emergency or during an emergency air or ground ambulance transport only liable in civil damages for acts or omissions performed in a grossly negligent manner or acts or omissions not performed in good faith. Existing law exempts the public agency employer of the firefighter, police officer or other law enforcement officer, EMT-I, EMT-II, EMT-P, or registered nurse from civil liability if the employee is not liable. Existing law requires each county that develops an emergency medical services program to designate a local emergency medical services agency to have primary responsibility for administration of emergency medical services in the county.

This bill would authorize an EMT-I, EMT-II, or EMT-P to transport a police dog, as defined, injured in the line of duty to a facility that is capable of providing veterinary medical services to the injured police dog if there is not a person requiring medical attention or medical transportation at the time the decision is made to transport the police dog. The bill would also exempt an EMT-I, EMT-II, EMT-P who provides emergency medical transportation for a police dog, or the EMTs employer, from liability for civil damages resulting from an act or omission relating to the transport of the police dog, unless the act or omission constitutes gross negligence or is performed in bad faith. the County of San Bernardino to work with its local emergency medical services agency to conduct a pilot project commencing January 1, 2019, that would authorize an emergency medical technician to provide emergency transportation for a police dog, as defined, injured in the line of duty to a facility that is capable of providing veterinary medical services to the injured police dog, as specified. The bill would repeal this authority on January 1, 2022.

Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, establishes the Emergency Medical Services Authority, among other things, to establish training standards for Emergency Medical Technicians (EMT) at various levels, including EMT-I, EMT-II, and EMT-P. Existing law makes a firefighter, police officer or other law enforcement officer, EMT-I, EMT-II, EMT-P, or registered nurse who renders emergency medical services at the scene of an emergency or during an emergency air or ground ambulance transport only liable in civil damages for acts or omissions performed in a grossly negligent manner or acts or omissions not performed in good faith. Existing law exempts the public agency employer of the firefighter, police officer or other law enforcement officer, EMT-I, EMT-II, EMT-P, or registered nurse from civil liability if the employee is not liable.

This bill would authorize an EMT-I, EMT-II, or EMT-P to transport a police dog, as defined, injured in the line of duty to a facility that is capable of providing veterinary medical services to the injured police dog if there is not a person requiring medical attention or medical transportation at the time the decision is made to transport the police dog. The bill would also exempt an EMT-I, EMT-II, EMT-P who provides emergency medical transportation for a police dog, or the EMTs employer, from liability for civil damages resulting from an act or omission relating to the transport of the police dog, unless the act or omission constitutes gross negligence or is performed in bad faith.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1776

Author:(Steinorth)

As Amended Ver:August 6, 2018

Majority vote

Original Committee Reference: HEALTH

SUMMARY: Authorizes the County of San Bernardino to work with the Inland Counties Emergency Medical Agency (ICEMA) to conduct a pilot project, beginning January 1, 2019, that would authorize an emergency medical technician (EMT) to provide emergency transportation for a police dog injured in the line of duty to a facility capable of providing veterinary medical services if there is not a person requiring medical attention or medical transportation at the time the decision is made to transport the police dog.

The Senate amendments clarify the definition of police dog; require ICEMA to submit a report to the Legislature by January 1, 2022; and, authorize emergency transportation for a police dog injured in the line of duty to a facility capable of providing veterinary medical services if all of the following conditions apply:

1. A request for transport is made by the injure police dog's canine handler;
2. An ambulance is present at the scene of the injury at the time the request for transport is made;
3. No person at the scene of the incident requires medical attention or medical transportation at the time the request for transport is made;
4. The owner of the ambulance has a policy that permits the transport of an injured police dog;
5. The canine handle accompanies the injured police dog and remains in full control of the do during transport;
6. The canine handler provides the location of the nearest facility that is capable of providing veterinary medical services; and,
7. The canine handler remains responsible for any first aid rendered to the injured police dog during transport.

FISCAL EFFECT: None

COMMENTS: According to the author, law enforcement animals are active members of our public safety community. The author notes that they serve the public side-by-side with their handler, facing potentially lethal situations on a daily basis and are often called in to handle situations that would be deemed too risky for their human counterparts. The author states that if a law enforcement canine (K-9) is injured in the line of duty, there is no established statewide procedure for how to provide emergency traumatic medical care. According the author, most K-9 handlers currently just "scoop and run" an injured canine and drive it themselves in the back of their car to whatever veterinarian facility is closest. The author states that private tactical K-9 medical classes are teaching handlers to load their dogs up in their police vehicles, assign another officer to drive, and the handler will climb into the kennel with their partner and administer first aid. The author states that this does not leave much room for a handler to perform the necessary duties to preserve the life of his/her dog during a traumatic injury.

Background on Emergency Medical Services (EMS). The Emergency Medical Services Agency (EMSA) is the lead agency and centralized resource to oversee emergency and disaster medical services. EMSA is charged with providing leadership in developing and implementing local EMS agencies (LEMSAs) throughout California and setting standards for the training and scope-of-practice of various levels of EMS personnel. Day-to-day EMS system management is the responsibility of the local and regional EMS agency. California has 32 LEMSA systems that provide EMS for California's 58 counties. Regional systems are usually comprised of small, more rural, less-populated counties and single-county systems generally exist in the larger and more urban counties. There are seven regional EMS agencies comprised of 33 counties and 25 single-county agencies. Among other responsibilities, EMSA develops and implements regulations that set training standards and the scope of practice for emergency medical personnel: EMT-Is and EMT-IIs, EMT-Paramedics, mobile intensive care nurses, firefighters, peace officers, and lifeguards.

K-9s killed or injured. According to information provided by the author, an Internet Website, the Officer Down Memorial Page tracks K-9s killed in the line of duty. The site has data broken down by state, listing 38 fatalities in California, with the oldest entry dating back to 1980. There does not appear to be any publicly collected data available regarding the number of K-9s injured in the line of duty.

Other states. Colorado enacted legislation in 2014 which granted limited authority to EMS providers to voluntarily provide "pre-veterinary emergency care" to certain domesticated animals. In 2017, Illinois passed legislation substantially similar to this bill, and Maine has similar legislation currently pending in their Judiciary Committee.

Analysis Prepared by: Lara Flynn / HEALTH / (916) 319-2097 FN: 0003843

 THIRD READING  

Bill No: AB 1776

Author:

:

Vote:

SENATE HEALTH COMMITTEE: 8-0, 6/20/18

AYES: Pan, Nguyen, Beall, Hernandez, Leyva, Mitchell, Monning, Roth

NO VOTE RECORDED: Nielsen

ASSEMBLY FLOOR: 72-0, 4/26/18 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill permits the County of San Bernardino to conduct a three-year pilot project that authorizes emergency transportation in an ambulance for a police dog injured in the line of duty to a veterinary medicine facility under certain conditions, including if there is not a person requiring medical attention or medical transportation at the time the request is made to transport the police dog, and the dog’s canine handler accompanies the injured dog and is the one responsible for any first aid rendered to the dog during transport.

ANALYSIS:

Existing law:

1. Establishes the Emergency Medical Services Authority (EMSA) within the California Health and Human Services Agency, and requires EMSA, among other things, to develop planning and implementation guidelines for emergency medical services (EMS) systems which address specified components, including manpower and training, communications, transportation, system organization and management, data collection and evaluation, and disaster response. [HSC §1797.100, et seq.]
2. Establishes an 18-member Commission on EMS, within the California Health and Human Services Agency. Defines the duties of the Commission to include reviewing regulations, standards, and guidelines developed by EMSA; advising EMSA on a data collection system; advising on emergency facilities and services, emergency communications, medical equipment, personnel training, and various aspects of the EMS system; and, making recommendations for further development of the EMS system. [HSC §1799, et seq.]
3. Authorizes counties to develop an EMS program and designate a local EMS agency responsible for planning and implementing an EMS system, which includes day-to-day EMS system operations. [HSC §1797.200, et seq.]
4. Defines "Emergency Medical Technician-I" or "EMT-I" as an individual trained in all facets of basic life support, as specified. Defines an "Emergency Medical Technician-II," "EMT-II," "Advanced Emergency Medical Technician," or "Advanced EMT" as an EMT-I with additional training in limited advanced life support according to specified standards. Both EMT-Is and EMT-IIs are certified at the local level. [HSC §1797.170 and 1797.171]
5. Defines "Emergency Medical Technician-Paramedic," "EMT-P," "paramedic," or "mobile intensive care paramedic" as an individual whose scope of practice includes the ability to provide advanced life support, as specified, including administering specified medications. EMT-Ps are licensed and regulated at the state level through EMSA. [HSC §1797.172]
6. Establishes the Veterinary Medicine Practice Act, and prohibits any person from practicing veterinary medicine unless the person holds a valid, unexpired, and unrevoked license as a veterinarian, or is the bona fide owner of the animal. [BPC §4811 and 4825]
7. Defines the practice of veterinary medicine as including, among other things, administering a drug, medicine, appliance, application, or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease of animals. [BPC §4826]

This bill:

1. Permits the County of San Bernardino to work with the Inland Counties Emergency Medical Agency (ICEMA) to conduct a pilot project, commencing January 1, 2019, that would authorize emergency transportation for a police dog injured in the line of duty to a facility that is capable of providing veterinary medical services to the injured police dog if all of the following conditions apply:
   1. A request for transport is made by the injured police dog’s canine handler;
   2. An ambulance is present at the scene of the injury at the time the request for transport is made;
   3. No person at the scene of the incident requires medical attention or medical transportation at the time the request for transport is made;
   4. The owner of the ambulance has a policy that permits the transport of an injured police dog;
   5. The canine handler accompanies the injured dog and remains in full control of the dog during transport;
   6. The canine handler providers the local of the nearest facility that is capable of providing veterinary medical services to the injured police dog; and,
   7. The canine handler remains responsible for any first aid rendered to the injured police dog during transport.
2. Defines “police dog,” for purposes of this bill, as a dog being used by a peace officer in the discharge or attempted discharge of his or her duties and includes, but is not limited to, a search and rescue dog, passive alert dog, and service dog.
3. Requires ICEMA to collect data on the number of police dogs transported pursuant to this bill, the location where the police dogs were transported to, and the outcome of those transports. Requires ICEMA to submit a report to the Legislature that includes this data by January 1, 2022.
4. Sunsets the provisions of this bill on January 1, 2022

Comments

1. Author’s statement. According to the author, this bill creates a pilot project in San Bernardino County to allow for injured law enforcement canines to be transported to a veterinary hospital using an ambulance. Thankfully this is not a common issue, but when our law enforcement animals are injured, the current practice is to “scoop and run” the animal by putting them in the police car. Unfortunately this isn’t advised because the animal cages in police cars are too cramped for the injured canine and their handler to fit at the same time. Other states currently allow for ambulances to transport animals in a variety of situations, including law enforcement animals and civilian pets. This measure will provide important feedback for how California can approach this unique problem within California’s regulatory framework.
2. EMS systems. EMSA is the lead agency and centralized resource to oversee emergency and disaster medical services. EMSA is charged with providing leadership in developing and implementing local EMS systems throughout California and setting standards for the training and scope-of-practice of various levels of EMS personnel. Day-to-day EMS system management is the responsibility of the local and regional EMS agency. California has 33 local EMS agencies that provide EMS for California's 58 counties. Regional systems are usually comprised of small, more rural, less-populated counties and single-county systems generally exist in the larger and more urban counties. There are seven regional, local EMS agencies (LEMSAs) that encompass multiple counties, and 26 single-county LEMSAs.

In general, LEMSAs govern the 911 emergency medical response system for their area. There are typically exclusive operating areas for emergency transport, so that either a local fire department or a private ambulance company has the exclusive contract to provide transport to hospitals from the scene of an emergency in a given jurisdiction. The local EMS agencies approve local EMS training programs and certify and accredit EMTs. The local LEMSAs also designate trauma centers and other specialty care centers, and determine ambulance patient destinations based upon hospital resources. As the Emergency Medical Services Administrators’ Association of California puts it, LEMSAs coordinate activities and communications between various agencies that provide EMS services “so that care appears seamless to the patient (e.g., emergency medical dispatch, first responders, ground and air ambulance, receiving hospitals, trauma centers).”

1. Article on EMS treatment of dogs and cats involved in fires. The Journal of Emergency Medical Services published an article in November of 2016, entitled “EMS Assessment and Treatment of Dogs and Cats Involved in Fires.” According to this article, given the high numbers of domesticated animals in the U.S. and the speed at which today’s structure fires develop, the chance of encountering an injured pet on scene is very real. According to this article, any dog or cat exposed to smoke in a structure fire should receive oxygen therapy as soon as possible, and that many departments carry special oxygen masks on their EMS or fire apparatus that can be used on pets. This article notes that animals are unpredictable, and even a seemingly friendly animal will defend itself when it feels threatened or is injured, and that the go-to defense mechanism in dogs and cats is to bite. With regard to legal considerations, an attorney and EMT/firefighter from Pennsylvania was quoted in the article saying that there has been “little to no litigation in the area of treating a pet in an emergency situation. It’s important to understand the specific laws of your state and to have a policy in place that was drafted with these laws in mind.”
2. Other states. At least three other states have enacted legislation similar to this bill. New York passed legislation in 2016, Illinois passed legislation in 2017, and Mississippi passed legislation earlier this year. In each of these states, the language was similar to this bill (although applicable statewide, rather than this bill’s pilot project), permitting transport of injured police dogs by emergency medical personnel when there are no persons requiring medical attention or transport at that time.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 8/7/18)

Association for Los Angeles Deputy Sheriffs

California Fire Chiefs Association

California State Sheriffs’ Association

California Statewide Law Enforcement Association

Fire Districts Association of California

Los Angeles Police Protective League

Peace Officers Research Association of California

Social Compassion in Legislation

OPPOSITION: (Verified 8/7/18)

None received

ARGUMENTS IN SUPPORT: The California State Sheriffs’ Association states in support that because of their occasional involvement in dangerous circumstances, a police dog can be gravely injured in the course of their duties, but because of ambiguity in the law and uncertainty over legal liability, paramedics and EMTs are hesitant to transport an injured police dog to a veterinary facility. The Association for Los Angeles Deputy Sheriffs (ALADS) states that the Los Angeles Sheriff’s Department Canine Service Detail consists of 12 canine teams, and that last year more than 220 high-risk suspects were apprehended with the assistance of canine officers. ALADS states that canine officers are invaluable members of the law enforcement family, and supports efforts to provide critical, potentially lifesaving care when it’s needed. The California Fire Chiefs Association and the Fire Districts Association of California states in support that this bill follows legislation enacted in Illinois, which creates a statewide process for providing necessary emergency services to injured canines providing important law enforcement duties to the public. The California Statewide Law Enforcement Association states that K-9 units are an integral part of the team, working collaboratively with officers as first responders to incidents and crime scenes, and supports this bill to protect K-9’s. Social Compassion in Legislation states in support that due to the danger associated with their duties, law enforcement animals frequently require medical attention when injured, and that by looking to states like Illinois, California can create a process to provide emergency medical services more effectively for the four-legged members of law enforcement.

ASSEMBLY FLOOR: 72-0, 4/26/18

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Travis Allen, Fong, Cristina Garcia, Gray, Limón, Rodriguez

Prepared by:

8/8/18 10:06:40

**** END ****

8/8/18 10:06:40

SENATE COMMITTEE ON HEALTH

Senator Dr. Richard Pan, Chair

BILL NO: AB 1776

SUBJECT: Emergency medical transport of police dogs: pilot project

SUMMARY:

Permits the County of San Bernardino to conduct a three-year pilot project that would authorize emergency medical technicians to provide emergency transportation for a police dog injured in the line of duty to a veterinary medicine facility if there is not a person requiring medical attention or medical transportation at the time the decision is made to transport the police dog.

Existing law:

1. Establishes the Emergency Medical Services Authority (EMSA) within the California Health and Human Services Agency, and requires EMSA, among other things, to develop planning and implementation guidelines for emergency medical services (EMS) systems which address specified components, including manpower and training, communications, transportation, system organization and management, data collection and evaluation, and disaster response. [HSC §1797.100, et seq.]
2. Establishes an 18-member Commission on EMS, within the California Health and Human Services Agency. Defines the duties of the Commission to include reviewing regulations, standards, and guidelines developed by EMSA; advising EMSA on a data collection system; advising on emergency facilities and services, emergency communications, medical equipment, personnel training, and various aspects of the EMS system; and, making recommendations for further development of the EMS system. [HSC §1799, et seq.]
3. Authorizes counties to develop an EMS program and designate a local EMS agency responsible for planning and implementing an EMS system, which includes day-to-day EMS system operations. [HSC §1797.200, et seq.]
4. Defines "Emergency Medical Technician-I" or "EMT-I" as an individual trained in all facets of basic life support, as specified. Defines an "Emergency Medical Technician-II," "EMT-II," "Advanced Emergency Medical Technician," or "Advanced EMT" as an EMT-I with additional training in limited advanced life support according to specified standards. Both EMT-Is and EMT-IIs are certified at the local level. [HSC §1797.170 and 1797.171]
5. Defines "Emergency Medical Technician-Paramedic," "EMT-P," "paramedic," or "mobile intensive care paramedic" as an individual whose scope of practice includes the ability to provide advanced life support, as specified, including administering specified medications. EMT-Ps are licensed and regulated at the state level through EMSA. [HSC §1797.172]
6. Establishes the Veterinary Medicine Practice Act, and prohibits any person from practicing veterinary medicine unless the person holds a valid, unexpired, and unrevoked license as a veterinarian, or is the bona fide owner of the animal. [BPC §4811 and 4825]
7. Defines the practice of veterinary medicine as including, among other things, administering a drug, medicine, appliance, application, or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease of animals. [BPC §4826]

This bill:

1. Permits the County of San Bernardino to work with its local EMS agency to conduct a pilot project, commencing January 1, 2019, that would authorize an EMT to provide emergency transportation for a police dog injured in the line of duty to a facility that is capable of providing veterinary medical services to the injured police dog if there is not a person requiring medical attention or medical transportation at the time the decision is made to transport the police dog.
2. Defines “police dog,” for purposes of this bill, as a dog being used by a peace officer in the discharge or attempted discharge of his or her duties and includes, but is not limited to, a search and rescue dog, passive alert dog, and service dog.
3. Sunsets the provisions of this bill on January 1, 2022.

FISCAL EFFECT:

This bill is keyed nonfiscal.

PRIOR VOTES:

COMMENTS:

1. Author’s statement. According to the author, this bill creates a pilot project in San Bernardino County to allow for injured law enforcement canines to be transported to a veterinary hospital using an ambulance. Thankfully this is not a common issue, but when our law enforcement animals are injured, the current practice is to “scoop and run” the animal by putting them in the police car. Unfortunately this isn’t advised because the animal cages in police cars are too cramped for the injured canine and their handler to fit at the same time. Other states currently allow for ambulances to transport animals in a variety of situations, including law enforcement animals and civilian pets. This measure will provide important feedback for how California can approach this unique problem within California’s regulatory framework.
2. Background on EMS system. EMSA is the lead agency and centralized resource to oversee emergency and disaster medical services. EMSA is charged with providing leadership in developing and implementing local EMS systems throughout California and setting standards for the training and scope-of-practice of various levels of EMS personnel. Day-to-day EMS system management is the responsibility of the local and regional EMS agency. California has 33 local EMS agencies that provide EMS for California's 58 counties. Regional systems are usually comprised of small, more rural, less-populated counties and single-county systems generally exist in the larger and more urban counties. There are seven regional, local EMS agencies (LEMSAs) that encompass multiple counties, and 26 single-county LEMSAs.

In general, LEMSAs govern the 911 emergency medical response system for their area. There are typically exclusive operating areas for emergency transport, so that either a local fire department or a private ambulance company has the exclusive contract to provide transport to hospitals from the scene of an emergency in a given jurisdiction. The local EMS agencies approve local EMS training programs and certify and accredit EMTs. The local LEMSAs also designate trauma centers and other specialty care centers, and determine ambulance patient destinations based upon hospital resources. As the Emergency Medical Services Administrators’ Association of California puts it, LEMSAs coordinate activities and communications between various agencies that provide EMS services “so that care appears seamless to the patient (e.g., emergency medical dispatch, first responders, ground and air ambulance, receiving hospitals, trauma centers).”

1. Article on EMS treatment of dogs and cats involved in fires. The Journal of Emergency Medical Services published an article in November of 2016, entitled “EMS Assessment and Treatment of Dogs and Cats Involved in Fires.” According to this article, given the high numbers of domesticated animals in the U.S. and the speed at which today’s structure fires develop, the chance of encountering an injured pet on scene is very real. According to this article, any dog or cat exposed to smoke in a structure fire should receive oxygen therapy as soon as possible, and that many departments carry special oxygen masks on their EMS or fire apparatus that can be used on pets. This article notes that animals are unpredictable, and even a seemingly friendly animal will defend itself when it feels threatened or is injured, and that the go-to defense mechanism in dogs and cats is to bite. With regard to legal considerations, an attorney and EMT/firefighter from Pennsylvania was quoted in the article saying that there has been “little to no litigation in the area of treating a pet in an emergency situation. It’s important to understand the specific laws of your state and to have a policy in place that was drafted with these laws in mind.”
2. Other states. At least three other states have enacted legislation similar to this bill. New York passed legislation in 2016, Illinois passed legislation in 2017, and Mississippi passed legislation earlier this year. In each of these states, the language was similar to this bill (although applicable statewide, rather than this bill’s pilot project), permitting transport of injured police dogs by emergency medical personnel when there are no persons requiring medical attention or transport at that time.
3. Related legislation. SB 1305 (Glazer) permits an emergency medical services provider to provide basic first aid, as specified, to a dog or a cat to the extent the provider has received commensurate training and is authorized by the employer to provide the care. SB 1305 passed the Senate Health Committee by a vote of 9-0 on April 4, 2018.
4. Support. The California State Sheriffs’ Association states in support that because of their occasional involvement in dangerous circumstances, a police dog can be gravely injured in the course of their duties, but because of ambiguity in the law and uncertainty over legal liability, paramedics and EMTs are hesitant to transport an injured police dog to a veterinary facility. The Association for Los Angeles Deputy Sheriffs (ALADS) states that the Los Angeles Sheriff’s Department Canine Service Detail consists of 12 canine teams, and that last year more than 220 high-risk suspects were apprehended with the assistance of canine officers. ALADS states that canine officers are invaluable members of the law enforcement family, and supports efforts to provide critical, potentially lifesaving care when it’s needed. The California Fire Chiefs Association and the Fire Districts Association of California states in support that this bill follows legislation enacted in Illinois, which creates a statewide process for providing necessary emergency services to injured canines providing important law enforcement duties to the public. The California Statewide Law Enforcement Association states that K-9 units are an integral part of the team, working collaboratively with officers as first responders to incidents and crime scenes, and supports this bill to protect K-9’s. Social Compassion in Legislation states in support that due to the danger associated with their duties, law enforcement animals frequently require medical attention when injured, and that by looking to states like Illinois, California can create a process to provide emergency medical services more effectively for the four-legged members of law enforcement.
5. Will EMTs need training to transport an injured dog? An injured animal can act defensively when it is injured or feels threatened, and someone who is not trained or equipped to handle animals is at risk of being bitten when trying to handle the injured animal. This risk could be mitigated by having the dog’s police handler travel with the injured dog, but the handler may be injured as well. Will EMTs be provided training on handling injured animals? If so, will all EMTs that provide emergency transport in San Bernardino County be required to take this training?

SUPPORT AND OPPOSITION:

Support: Association for Los Angeles Deputy Sheriffs

California Fire Chiefs Association

California State Sheriffs’ Association

California Statewide Law Enforcement Association

Fire Districts Association of California

Los Angeles Police Protective League

Peace Officers Research Association of California

Social Compassion in Legislation

Oppose: None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1776

Author:(Steinorth)

As Amended Ver:April 12, 2018

Majority vote

SUMMARY: Authorizes the County of San Bernardino to work with its local emergency medical services agency (LEMSA) to conduct a pilot project, from January 1, 2019 to January 1, 2022, authorizing emergency medical technicians (EMTs) to provide emergency medical transportation for a police dog, as defined, injured in the line of duty to a facility capable of providing veterinary medical services if there is not a person requiring medical attention or medical transportation at the time. Specifically, this bill:

FISCAL EFFECT: None

COMMENTS: According to the author, law enforcement animals are active members of our public safety community. The author notes that they serve the public side-by-side with their handler, facing potentially lethal situations on a daily basis and are often called in to handle situations that would be deemed too risky for their human counterparts. The author states that if a law enforcement canine (K-9) is injured in the line of duty, there is no established statewide procedure for how to provide emergency traumatic medical care. According the author, most K-9 handlers currently just "scoop and run" an injured canine and drive it themselves in the back of their car to whatever veterinarian facility is closest. The author states that private tactical K-9 medical classes are teaching handlers to load their dogs up in their police vehicles, assign another officer to drive, and the handler will climb into the kennel with their partner and administer first aid. The author states that this does not leave much room for a handler to perform the necessary duties to preserve the life of his/her dog during a traumatic injury.

Background on Emergency Medical Services (EMS). EMSA is the lead agency and centralized resource to oversee emergency and disaster medical services. EMSA is charged with providing leadership in developing and implementing LEMSAs throughout California and setting standards for the training and scope-of-practice of various levels of EMS personnel. Day-to-day EMS system management is the responsibility of the local and regional EMS agency. California has 32 LEMSA systems that provide EMS for California's 58 counties. Regional systems are usually comprised of small, more rural, less-populated counties and single-county systems generally exist in the larger and more urban counties. There are seven regional EMS agencies comprised of 33 counties and 25 single-county agencies. Among other responsibilities, EMSA develops and implements regulations that set training standards and the scope of practice for emergency medical personnel: EMT-Is and EMT-IIs, EMT-Ps, mobile intensive care nurses, firefighters, peace officers, and lifeguards.

K-9s killed or injured. According to information provided by the author, an Internet Website, the Officer Down Memorial Page tracks K-9s killed in the line of duty. The site has data broken down by state, listing 38 fatalities in California, with the oldest entry dating back to 1980. There does not appear to be any publicly collected data available regarding the number of K-9s injured in the line of duty.

Other states. Colorado enacted legislation in 2014 which granted limited authority to EMS providers to voluntarily provide "pre-veterinary emergency care" to certain domesticated animals. In 2017, Illinois passed legislation substantially similar to this bill, and Maine has similar legislation currently pending in their Judiciary Committee.

Analysis Prepared by: Lara Flynn / HEALTH / (916) 319-2097 FN: 0002696

Date of Hearing: April 10, 2018

ASSEMBLY COMMITTEE ON HEALTH

Jim Wood, Chair

ABPCA Bill Id:AB 1776

Author:(Steinorth) – As Introduced Ver:January 4, 2018

SUBJECT: Emergency medical transportation: transport of police dogs.

SUMMARY: Allows emergency medical technicians (EMTs) to provide emergency medical transportation for a police dog, as defined, injured in the line of duty to a facility capable of providing veterinary medical services if there is not a person requiring medical attention or medical transportation at the time. Provides immunity for civil damages resulting from an act or omission relating to an EMTs' transport of a police dog. Specifically, this bill:

1. Authorizes an EMT to provide emergency medical transportation for a police dog injured in the line of duty to a facility that is capable of providing veterinary medical services to the injured police dog if there is not a person requiring medical attention or medical transportation at the time the decision is made to transport the police dog.
2. Exempts an EMT who provides emergency medical transportation for a police dog from liability for civil damages resulting from an act or omission relating to the transport of the police dog, unless the act or omission constitutes gross negligence or is performed in bad faith, and provides that the entity employing the EMT is not liable if the employee is not liable.
3. Defines police dog as a dog being used by a peace officer in the discharge or attempted discharge of his or her duties and includes, but is not limited to, a search and rescue dog, passive alert dog, and service dog.

EXISTING LAW:

1. Establishes the Emergency Medical Services Authority (EMSA), which is responsible for the coordination and integration of all state activities concerning emergency medical services (EMS), including the establishment of minimum standards, policies, and procedures.
2. Authorizes EMSA to develop, approve, and adopt minimum standards for the training and scope of practice for EMTs. Defines EMTs as follows:
   1. EMT-I as an individual trained in all facets of basic life support who has a valid certificate issued pursuant to EMSA guidelines;
   2. EMT-II or Advanced EMT as an EMT-I with additional training in limited advanced life support; and,
   3. EMT-P, or paramedic, as an individual whose scope of practice is to provide advanced life support according to standards established by EMSA.
3. Authorizes counties to develop an EMS program and designate a local emergency medical services agency (LEMSA) responsible for planning and implementing an EMS system, which includes day-to-day EMS system operations.
4. Defines peace officer's or firefighter's dog as a dog owned by a public law enforcement agency or fire department and under the control of a peace officer or firefighter assigned to a canine unit that has been trained in matters, including, but not limited to, discovering controlled substances, explosives, cadavers, victims in collapsed structures, and peace officer on-command searches for suspects and victims at crime scenes.
5. Defines search and rescue dog as a dog that is officially affiliated with, or sponsored by, a governmental agency and that has been trained and approved as a search and rescue dog, or that is currently registered and approved for search and rescue work with a search and rescue team affiliated with the California Emergency Management Agency. Includes in this definition, a dog that is in training to become registered and approved for that work.
6. Establishes the Veterinary Medicine Practice Act, which, among other things, makes it unlawful for any person to practice veterinary medicine unless such person holds a valid, unexpired, and unrevoked veterinary license.
7. Grants qualified immunity to medical, law enforcement, and emergency personnel who render medical or non-medical aid in an emergency, so long as that person acts in good faith and not for compensation, and so long as that person's conduct is not grossly negligent or willful or wanton.
   
8. Establishes federal safety guidelines by the Department of Labor's Occupational Safety and Health Administration to protect EMS workers from exposure to blood borne pathogens and other hazards, and, per the National Highway and Traffic Safety Association, the Association for Professionals in Infection Control and Epidemiology created a Guide to Infection Prevention in EMS, which addresses standards for cleaning an ambulance, including frequency; the proper use of personal protective equipment; and cleaning and disinfecting of equipment, turnout gear, and affected areas.

FISCAL EFFECT: None

COMMENTS:

1. PURPOSE OF THIS BILL. According to the author, law enforcement animals are active members of our public safety community. The author notes that they serve the public side-by-side with their handler, facing potentially lethal situations on a daily basis and are often called in to handle situations that would be deemed too risky for their human counterparts. The author states that if a law enforcement canine (K-9) is injured in the line of duty, there is no established statewide procedure for how to provide emergency traumatic medical care. The author states that many law enforcement agencies that employ K-9 officers have ad hoc agreements with their local fire services to provide emergency transportation, if necessary; however, doing so can put the responding EMT at risk because state law currently prevents any individual who is not a licensed veterinarian from treating animals. The author concludes that this bill would allow for an EMT-1, EMT-2, or an EMT-P to transport a police K-9 to the nearest veterinarian facility in a time of emergency need and provide them with liability protections for doing so.
2. BACKGROUND. According to background provided by the author, most K-9 handlers currently just “scoop and run” an injured canine and drive it themselves in the back of their car to whatever veterinarian facility is closest. The author states that private tactical K-9 medical classes are teaching handlers to load their dogs up in their police vehicles, assign another officer to drive, and the handler will climb into the kennel with their partner and administer first aid. The author states that this does not leave much room for a handler to perform the necessary duties to preserve the life of his/her dog during a traumatic injury.
   1. Background on EMS. EMSA is the lead agency and centralized resource to oversee emergency and disaster medical services. EMSA is charged with providing leadership in developing and implementing LEMSAs throughout California and setting standards for the training and scope-of-practice of various levels of EMS personnel. Day-to-day EMS system management is the responsibility of the local and regional EMS agency. California has 32 LEMSA systems that provide EMS for California's 58 counties. Regional systems are usually comprised of small, more rural, less-populated counties and single-county systems generally exist in the larger and more urban counties. There are seven regional EMS agencies comprised of 33 counties and 25 single-county agencies. Among other responsibilities, EMSA develops and implements regulations that set training standards and the scope of practice for emergency medical personnel: EMT-Is and EMT-IIs, EMT-Ps, mobile intensive care nurses, firefighters, peace officers, and lifeguards.

According to EMSA, the provisions of this bill would require EMSA to draft additional regulations for training, the scope of practice, and certification of EMTs. This would require considering which level of EMS provider (EMT, advanced EMT, paramedic) could perform this scope, medical control levels, and quality improvement measures. LEMSAs would need to modify their EMS plans to include veterinary hospitals (for example minimum requirements for hours of operation) and consider how allowing ambulances to transport K-9s would impact their local EMS systems.

EMSA is not aware of any law enforcement agencies that have "ad hoc" agreements with their local fire services to provide emergency transportation to injured K-9s.

• 1. K-9s killed or injured. According to information provided by the author, an Internet Website, the Officer Down Memorial Page tracks K-9s killed in the line of duty. The site has data broken down by state, listing 38 fatalities in California, with the oldest entry dating back to 1980. There does not appear to be any publicly collected data available regarding the number of K-9s injured in the line of duty.
  2. Other states. Colorado enacted legislation in 2014 which granted limited authority to EMS providers to voluntarily provide "pre-veterinary emergency care" to certain domesticated animals. In 2017, Illinois passed legislation substantially similar to this bill, and Maine has similar legislation currently pending in their Judiciary Committee.

1. SUPPORT. The California Statewide Law Enforcement Association (CSLEA) supports this bill stating that K-9 units are an integral part of the team, working collaboratively with officers as first responders to incidents and crime scenes. CSLEA notes that K-9 units protect public safety personnel, search for criminals, help search and rescue missing people, search for drugs, and otherwise assist peace officers. CSLEA applauds the author for bringing this bill forward to further protect the K-9s who protect and serve California's communities.
   
   The Peace Officers Research Association of California, the California Fire Chiefs Association, and the Los Angeles Police Protective League all support this bill noting that K-9 officers are invaluable members of the law enforcement family, and the organizations' support efforts to provide critical, potentially lifesaving care when it's needed.
2. RELATED LEGISLATION.
   1. AB 2961 (O'Donnell) requires, on or before July 1, 2019, LEMSAs to transmit ambulance patient offload time (APOT) data to EMSA, and requires EMSA, upon receipt of the data, to calculate average APOT by local EMS agency jurisdiction and by each facility in a local EMS agency jurisdiction. AB 2961 is pending a hearing in the Assembly Health Committee.
   2. SB 1305 (Glazer) authorizes an EMS provider to provide pre-veterinary emergency care to a dog or cat, to the extent the provider has received commensurate training and is authorized by the employer to provide that care. SB 1305 exempts that provider and his or her employer from liability for civil damages, and would exempt the provider from other disciplinary action, for providing that care, except as specified. SB 1305 is currently pending a hearing in the Senate Health Committee.
3. PREVIOUS LEGISLATION. AB 1223 (O'Donnell), Chapter 379, Statutes of 2015, required EMSA to develop, using input from stakeholders, a statewide standard methodology for the calculation and reporting of APOT LEMSAs. Defines APOT as the interval between the arrival of a patient transported by ambulance at an emergency department (ED) and the time that the ED assumes responsibility for care of the patient. Allows LEMSAs to adopt policies and procedures for calculating and reporting ambulance patient offload time, as specified. Requires, if a LEMSA adopts a policy for calculating and reporting APOT, to establish criteria for the reporting of, and quality assurance follow-up, for a "nonstandard patient offload time."
4. DOUBLE REFERRAL. This bill is double referred; upon passage in this Committee, this bill will be referred to the Assembly Judiciary Committee.
5. POLICY COMMENTS.
   1. Is this the best use of resources? EMS providers are currently working to address the issue of APOT in AB 2961. Adding the possibility of additional responsibilities for EMTs and ambulances seems counterintuitive at this time.
   2. This bill would require EMSA to promulgate significant regulations with respect to the training of EMTs, acceptable transport times and the overall impact on the local EMS system, as well as developing procedures for cleaning the ambulance after a K-9 has been transported, including identifying new infection control procedures. Without better data on the need, the Committee may wish to consider if this bill is premature.
6. SUGGESTED AMENDMENT. The Committee may wish to amend this bill to authorize the San Bernardino County EMSA to develop a three-year pilot program to test this concept prior to authorizing it statewide, and remove the qualified immunity provision for EMTs.

REGISTERED SUPPORT / OPPOSITION:

Support

Association for Los Angeles Deputy Sheriffs

California Fire Chiefs Association

California Statewide Law Enforcement Association

California State Sheriffs’ Association

Fire Districts Association of California

Los Angeles Police Protective League

Peace Officers Research Association of California

Social Compassion in Legislation

Opposition

None on file.

Analysis Prepared by: Lara Flynn / HEALTH / (916) 319-2097