AB 7: Emergency ambulance employees: multithreat body protective gear.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2021-09-09
Existing law establishes a statewide system for emergency medical services, through which the Emergency Medical Services Authority is responsible for the coordination and integration of all state activities concerning emergency medical services, including on matters of training, scope of practice, and continuing education for emergency medical technicians and other prehospital personnel. Existing law, the California Occupational Safety and Health Act of 1973, imposes safety responsibilities on employers and employees, including requirements that every employer furnish and use safety devices and safeguards, and adopt and use practices that are reasonably adequate to render the employment and place of employment safe and healthful. Existing law makes a violation of those requirements a crime.
This bill would, upon request by an emergency ambulance employee, require an emergency ambulance provider to provide that employee with multithreat body protective gear, defined as material or equipment that is worn by an employee and is bullet, strike, slash, and stab resistant, and, for these purposes only, to be considered as part of the above-described safety devices and safeguards. The bill would require the provider, once the provider has obtained the protective gear, to make the protective gear readily available for the requesting employee to use when responding to an emergency call, and to provide training to that employee on the proper fitting and use of the protective gear, as specified. The bill would require an emergency ambulance provider to inform each emergency ambulance employee, upon initial employment and subsequently on an annual basis, of the employees right to request multithreat body protective gear.
By creating new duties for emergency ambulance providers, a violation of which would be a crime, the bill would impose a state-mandated local program. The bill would not apply to the state or a political subdivision of the state.
The bill would require the Emergency Medical Services Authority to develop and establish standards for the protective gear provided, to develop a process of certification for the protective gear, and to develop guidelines for the above-described training, as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law establishes a statewide system for emergency medical services, through which the Emergency Medical Services Authority is responsible for the coordination and integration of all state activities concerning emergency medical services, including on matters of training, scope of practice, and continuing education for emergency medical technicians and other prehospital personnel. Existing law, the California Occupational Safety and Health Act of 1973, imposes safety responsibilities on employers and employees, including requirements that every employer furnish and use safety devices and safeguards, and adopt and use practices that are reasonably adequate to render the employment and place of employment safe and healthful. Existing law makes a violation of those requirements a crime.
This bill would, upon request by an emergency ambulance employee, require an emergency ambulance provider to provide that employee with multithreat body protective gear, defined as material or equipment that is worn by an employee and is bullet, strike, slash, and stab resistant, and, for these purposes only, to be considered as part of the above-described safety devices and safeguards. The bill would require the provider provider, once the provider has obtained the protective gear, to make the protective gear readily available for the requesting employee to use when responding to an emergency call, and to provide training to that employee on the proper fitting and use of the protective gear, as specified. The bill would require an emergency ambulance provider to inform each emergency ambulance employee, upon initial employment and subsequently on an annual basis, of the employees right to request multithreat body protective gear.
By creating new duties for emergency ambulance providers, a violation of which would be a crime, the bill would impose a state-mandated local program. The bill would not apply to the state or a political subdivision of the state.
The bill would require the Emergency Medical Services Authority to develop and establish standards for the protective gear provided, to develop a process of certification for the protective gear, and to develop guidelines for the above-described training, as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law establishes a statewide system for emergency medical services and establishes services, through which the Emergency Medical Services Authority, which is responsible for establishing Authority is responsible for the coordination and integration of all state activities concerning emergency medical services, including on matters of training, scope of practice, and continuing education for emergency medical technicians and other prehospital personnel. Existing law, the California Occupational Safety and Health Act of 1973, imposes safety responsibilities on employers and employees, including requirements that every employer furnish and use safety devices and safeguards, and adopt and use practices that are reasonably adequate to render the employment and place of employment safe and healthful. Existing law makes a violation of those requirements a crime.
This bill would require an emergency ambulance provider to establish a voluntary personal protective equipment (PPE) program that allows for the purchase of subsidized multithreat body protective gear that is bullet, strike, slash, and stab resistant by an emergency ambulance employee pursuant to an employer-funded stipend, and authorize an employee to voluntarily participate in a PPE program and to wear the PPE while on duty. The bill would require a provider to inform an employee of the opportunity to purchase subsidized multithreat body protective gear through a PPE program. ByThis bill would, upon request by an emergency ambulance employee, require an emergency ambulance provider to provide that employee with multithreat body protective gear, defined as material or equipment that is worn by an employee and is bullet, strike, slash, and stab resistant, and, for these purposes only, to be considered as part of the above-described safety devices and safeguards. The bill would require the provider to make the protective gear readily available for the requesting employee to use when responding to an emergency call, and to provide training to that employee on the proper fitting and use of the protective gear, as specified. The bill would require an emergency ambulance provider to inform each emergency ambulance employee, upon initial employment and subsequently on an annual basis, of the employees right to request multithreat body protective gear.
By creating new duties for emergency ambulance providers, a violation of which would be a crime, the bill would impose a state-mandated local program. The bill would not apply to the state or a political subdivision of the state.
The bill would require the Emergency Medical Services Authority to develop and establish standards for the protective gear provided, to develop a process of certification for the protective gear, and to develop guidelines for the above-described training, as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law establishes a statewide system for emergency medical services and establishes the Emergency Medical Services Authority, which is responsible for establishing training, scope of practice, and continuing education for emergency medical technicians and other prehospital personnel. Existing law, the California Occupational Safety and Health Act of 1973, imposes safety responsibilities on employers and employees, including requirements that every employer furnish and use safety devices and safeguards, and adopt and use practices that are reasonably adequate to render the employment and place of employment safe and healthful. Existing law makes a violation of those requirements a crime.
This bill would require an emergency ambulance provider to establish a voluntary personal protective equipment (PPE) program that allows for the purchase of subsidized multithreat body protective gear that is bullet, strike, slash, and stab resistant by an emergency ambulance employee pursuant to an employer-funded stipend, and authorize an employee to voluntarily participate in a PPE program and to wear the PPE while on duty. The bill would require a provider to inform an employee of the opportunity to purchase subsidized multithreat body protective gear through a PPE program. By creating new duties for emergency ambulance providers, a violation of which would be a crime, the bill would impose a state-mandated local program. The bill would not apply to the state or a political subdivision of the state.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(a)(1)Subject to the requirements of Section 31360 of the Penal Code, upon request by an emergency ambulance employee, an emergency ambulance provider shall provide multithreat body protective gear to that employee and, once the protective gear is acquired by the provider, shall make the protective gear readily available for the employee to use when responding to an emergency call. The emergency ambulance provider shall provide training to that employee on the proper fitting and use of the protective gear, consistent with the guidelines developed pursuant to paragraph (3) of subdivision (b).
(2)An emergency ambulance employee shall not be prevented from using multithreat body protective gear while on duty as an emergency ambulance employee.
(3)An emergency ambulance provider shall inform each emergency ambulance employee, upon initial employment and subsequently on an annual basis, of the employees right to request multithreat body protective gear.
(b)(1)The Emergency Medical Services Authority shall develop and establish standards for the protective gear provided pursuant to subdivision (a).
(2)In developing the standards described in paragraph (1), the authority shall additionally develop a process of certification for the protective gear provided pursuant to subdivision (a).
(3)The authority shall additionally develop guidelines for emergency ambulance providers on training emergency ambulance employees on the proper fitting and use of the protective gear provided pursuant to subdivision (a).
(4)The authority, when developing standards, processes, or guidelines pursuant to this subdivision, may work and contract with other state agencies and nonprofit and private entities.
(c)For purposes of this section, the following definitions apply:
(1)(A)Emergency ambulance employee means a person who meets both of the following requirements:
(i)Is an emergency medical technician (EMT), paramedic, or other licensed or certified ambulance transport personnel who contributes to the delivery of ground ambulance services.
(ii)Is employed by an emergency ambulance provider.
(B)Notwithstanding subparagraph (A), air ambulance employees and stationary dispatchers do not fall under this definition for purposes of this section and are not subject to the requirements of this section.
(2)Emergency ambulance provider means an employer that provides ground ambulance services, but not including the state or any political subdivision of the state, in its capacity as the direct employer of a person meeting the description contained in paragraph (1).
(3)Multithreat body protective gear or protective gear means material or equipment that is worn by an employee and is bullet, strike, slash, and stab resistant. For purposes of emergency ambulance providers under this section only, multithreat body protective gear shall be considered as part of safety devices and safeguards, as described in Section 6401.
(d)This section does not apply in instances in which emergency ambulance services are provided pursuant to a collective bargaining agreement, in which case the collective bargaining agreement shall apply.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)Upon Subject to the requirements of Section 31360 of the Penal Code, upon request by an emergency ambulance employee, an emergency ambulance provider shall provide multithreat body protective gear to that employee and and, once the protective gear is acquired by the provider, shall make the protective gear readily available for the employee to use when responding to an emergency call. The emergency ambulance provider shall provide training to that employee on the proper fitting and use of the protective gear, consistent with the guidelines developed pursuant to paragraph (3) of subdivision (b).
(2)An emergency ambulance employee shall not be prevented from using multithreat body protective gear while on duty as an emergency ambulance employee.
(3)An emergency ambulance provider shall inform each emergency ambulance employee, upon initial employment and subsequently on an annual basis, of the employees right to request multithreat body protective gear.
(b)(1)The Emergency Medical Services Authority shall develop and establish standards for the protective gear provided pursuant to subdivision (a).
(2)In developing the standards described in paragraph (1), the authority shall additionally develop a process of certification for the protective gear provided pursuant to subdivision (a).
(3)The authority shall additionally develop guidelines for emergency ambulance providers on training emergency ambulance employees on the proper fitting and use of the protective gear provided pursuant to subdivision (a).
(4)The authority, when developing standards, processes, or guidelines pursuant to this subdivision, may work and contract with other state agencies and nonprofit and private entities.
(c)For purposes of this section, the following definitions apply:
(1)(A)Emergency ambulance employee means a person who meets both of the following requirements:
(A)(i)Is an emergency medical technician (EMT), paramedic, or other licensed or certified ambulance transport personnel who contributes to the delivery of ground ambulance services.
(B)(ii)Is employed by an emergency ambulance provider.
(B)Notwithstanding subparagraph (A), air ambulance employees and stationary dispatchers do not fall under this definition for purposes of this section and are not subject to the requirements of this section.
(2)Emergency ambulance provider means an employer that provides ground ambulance services, but not including the state or any political subdivision of the state, in its capacity as the direct employer of a person meeting the description contained in paragraph (1).
(3)Multithreat body protective gear or protective gear means material or equipment that is worn by an employee and is bullet, strike, slash, and stab resistant. For purposes of emergency ambulance providers under this section only, multithreat body protective gear shall be considered as part of safety devices and safeguards, as described in Section 6401.
(d)This section does not apply in instances in which emergency ambulance services are provided pursuant to a collective bargaining agreement, in which case the collective bargaining agreement shall apply.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)Upon request by an emergency ambulance employee, an emergency ambulance provider shall provide multithreat body protective gear to that employee and shall make the protective gear readily available for the employee to use when responding to an emergency call. The emergency ambulance provider shall provide training to that employee on the proper fitting and use of the protective gear, consistent with the guidelines developed pursuant to paragraph (3) of subdivision (b).
(2)An emergency ambulance employee shall not be prevented from using multithreat body protective gear while on duty as an emergency ambulance employee.
(3)An emergency ambulance provider shall inform each emergency ambulance employee, upon initial employment and subsequently on an annual basis, of the employees right to request multithreat body protective gear.
(b)(1)The Emergency Medical Services Authority shall develop and establish standards for the protective gear provided pursuant to subdivision (a).
(2)In developing the standards described in paragraph (1), the authority shall additionally develop a process of certification for the protective gear provided pursuant to subdivision (a).
(3)The authority shall additionally develop guidelines for emergency ambulance providers on training emergency ambulance employees on the proper fitting and use of the protective gear provided pursuant to subdivision (a).
(4)The authority, when developing standards, processes, or guidelines pursuant to this subdivision, may work and contract with other state agencies and nonprofit and private entities.
(b)(c)For purposes of this section, the following definitions apply:
(1)Emergency ambulance employee means a person who meets both of the following requirements:
(A)Is an emergency medical technician (EMT), paramedic, or other licensed or certified ambulance transport personnel who contributes to the delivery of ground ambulance services.
(B)Is employed by an emergency ambulance provider.
(2)Emergency ambulance provider means an employer that provides ground ambulance services, but not including the state, state or any political subdivision of the state, in its capacity as the direct employer of a person meeting the description contained in paragraph (1).
(3)Multithreat body protective gear means material or equipment worn by an employee that is bullet, strike, slash, and stab resistant.(3)Multithreat body protective gear or protective gear means material or equipment that is worn by an employee and is bullet, strike, slash, and stab resistant. For purposes of emergency ambulance providers under this section only, multithreat body protective gear shall be considered as part of safety devices and safeguards, as described in Section 6401.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
REVISIONS: HeadingLine 2.(a)(1)An emergency ambulance provider shall establish a voluntary personal protective equipment (PPE) program that allows for the purchase of subsidized multithreat body protective gear by an emergency ambulance employee pursuant to an employer-funded stipend. An emergency ambulance employees participation in purchasing protective gear through a PPE program shall be completely voluntary. An emergency ambulance employee shall not be prevented from wearing protective gear purchased under a PPE program while on duty as an emergency ambulance employee.
(2)An emergency ambulance provider shall inform an emergency ambulance employee, upon initial employment and subsequently on an annual basis, of the opportunity to purchase subsidized multithreat body protective gear through a PPE program.
(b)For purposes of this section, the following definitions apply:
(1)Emergency ambulance employee means a person who meets both of the following requirements:
(A)Is an emergency medical technician (EMT), paramedic, or other licensed or certified ambulance transport personnel who contributes to the delivery of ground ambulance services.
(B)Is employed by an emergency ambulance provider.
(2)Emergency ambulance provider means an employer that provides ground ambulance services, but not including the state, or any political subdivision of the state, in its capacity as the direct employer of a person meeting the description contained in paragraph (1).
(3)Multithreat body protective gear means material or equipment worn by an employee that is bullet, strike, slash, and stab resistant.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
|
Date
|
Status
|
|---|---|
| Feb 7, 2022 | Consideration of Governor's veto stricken from file. |
| Jan 3, 2022 | Consideration of Governor's veto pending. |
| Oct 4, 2021 | Vetoed by Governor. |
| Sep 13, 2021 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 7, 2021 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 57. Noes 9. Page 2824.). |
| Sep 2, 2021 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77. |
| Sep 2, 2021 | Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 9. Page 2336.). |
| Aug 26, 2021 | From committee: Do pass. (Ayes 5. Noes 2.) (August 26). |
| Jul 15, 2021 | In committee: Referred to suspense file. |
| Jun 29, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 1694.) (June 28). Re-referred to Com. on APPR. |
| Jun 23, 2021 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R. |
| Jun 16, 2021 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 9, 2021 | Referred to Com. on L., P.E. & R. |
| May 28, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 27, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 11. Page 1590.) |
| May 24, 2021 | Read second time. Ordered to third reading. |
| May 20, 2021 | Coauthors revised. |
| May 12, 2021 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 26, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 22). Re-referred to Com. on APPR. |
| Apr 14, 2021 | Re-referred to Com. on L. & E. |
| Apr 13, 2021 | From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended. |
| Jan 11, 2021 | Referred to Com. on L. & E. |
| Dec 8, 2020 | From printer. May be heard in committee January 7. |
| Dec 7, 2020 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 7, 2021 | AB 7 Rodriguez Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 2, 2021 | Assembly 3rd Reading AB7 Rodriguez et al. By Cortese | Senate Floor |
Passed |
|
| May 27, 2021 | AB 7 Rodriguez Assembly Third Reading | Assembly Floor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Bill Author
Bill Co-Author(s):