EMERGENCY MEDICAL SERVICES

2022 Okla. Sess. Law Serv. Ch. 30 (H.B. 3278) (WEST)

2022 Okla. Sess. Law Serv. Ch. 30 (H.B. 3278) (WEST)
OKLAHOMA 2022 SESSION LAW SERVICE
Fifty-Eighth Legislature, 2022 Second Regular Session
Additions are indicated by Text; deletions by
Text.
Vetoes are indicated by Text ;
stricken material by Text .
CHAPTER 30
H.B. No. 3278
EMERGENCY MEDICAL SERVICES
An Act relating to emergency medical services; amending 63 O.S. 2021, Sections 2802, 2805, 2806, 2807, 2813, 2862, and 2864, which relate to the Oklahoma Emergency Telephone Act; modifying definitions; authorizing the Oklahoma 9–1–1 Management Authority in the place of the Department of Public Safety; modifying terms; modifying definition; repealing 63 O.S. 2021, Section 2818.4, which relates to developing recommendations; and providing an effective date.
SUBJECT: Emergency medical services
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
<< OK ST T. 63 § 2802 >>
SECTION 1. AMENDATORY 63 O.S. 2021, Section 2802, is amended to read as follows:
Section 2802. As used in this act:
1. “Authority” means the Oklahoma 9–1–1 Management Authority;
2. “Basic system” means a telephone service which automatically connects a person dialing the primary emergency telephone number to an established public safety answering point through normal telephone service facilities;
2. “Department” means the Department of Public Safety;
3. “Direct dispatch method” means a method whereby a call over a basic or sophisticated system is connected to a centralized dispatch center providing for the dispatching of an appropriate emergency service unit upon receipt of a telephone request for such services and a decision as to the proper action to be taken;
4. “Methods”, as used in paragraphs 3, 8, 9 and 11 of this section, means the procedures to be followed by the public agency or public safety agency affected by such paragraphs;
5. “Primary emergency telephone number” means the digits nine-one-one (911);
6. “Public agency” means any agency or political subdivision of the state which provides or has authority to provide fire fighting, police, ambulance, medical or other emergency services;
7. “Public safety agency” means a functional division of a public agency which provides fire fighting, police, medical or other emergency services;
8. “Referral method” means a method whereby a call over a basic or sophisticated system results in providing the requesting party with the telephone number of the appropriate public safety agency or other provider of emergency services;
9. “Relay method” means a method whereby a call over a basic or sophisticated system results in pertinent information being noted by the recipient of a telephone request for emergency services and is relayed to appropriate public safety agencies or other providers of emergency services for dispatch of an emergency service unit;
10. “Sophisticated system” means a basic system with the additional capability of automatic identification of the caller's number, holding the incoming call, reconnection on the same telephone line, clearing a telephone line or automatic call routing or combinations of such capabilities; and
11. “Transfer method” means a method whereby a call over a basic or sophisticated system is received and directly transferred to an appropriate public safety agency or other provider of emergency services.
<< OK ST T. 63 § 2805 >>
SECTION 2. AMENDATORY 63 O.S. 2021, Section 2805, is amended to read as follows:
Section 2805. In order to insure that proper preparation and implementation of such systems can be accomplished as provided in Section 2803 of this title, the Department of Public Safety Oklahoma 9–1–1 Management Authority may develop an overall plan prior to development of any system and shall coordinate the implementation of systems to be established pursuant to the provisions of Section 2803 of this title. Any such plan shall contain an estimate of the costs of installing alternate 911 systems and an estimate of the first year's additional operating expenses, if any. The Department Authority may formulate a plan by which it and the public agencies and public safety agencies involved may share proportionately the costs of any system and method from their current funds. The Department Authority may aid such agencies in the formulation of concepts, methods and procedures which will improve the operation of systems and which will increase cooperation between public safety agencies. The Department Authority may consult at regular intervals with the State Fire Marshal, the Oklahoma State Bureau of Investigation, the State Department of Health, the Department of Emergency Management and the public utilities in this state providing telephone service.
<< OK ST T. 63 § 2806 >>
SECTION 3. AMENDATORY 63 O.S. 2021, Section 2806, is amended to read as follows:
Section 2806. The Department of Public Safety Oklahoma 9–1–1 Management Authority may establish technical and operational standards for the development of basic and sophisticated systems. Such standards shall be forwarded to the Corporation Commission for consideration of any tariff limitations and conditions which may need revision to accommodate such standards; and the Corporation Commission may issue such revisions after whatever hearings or procedures it deems appropriate.
<< OK ST T. 63 § 2807 >>
SECTION 4. AMENDATORY 63 O.S. 2021, Section 2807, is amended to read as follows:
Section 2807. A. All public agencies shall submit final plans for the establishment of any system to the public telephone utilities and may make arrangement with such utilities for the implementation of the planned emergency telephone system. A copy of the plan required by this subsection shall be filed with the Department of Public Safety Oklahoma 9–1–1 Management Authority.
B. If any public agency has implemented or is a part of a system which would be authorized by this act on the effective date of this act such public agency may submit in lieu of the tentative or final plan a report describing the system and stating its operational date.
C. Plans filed pursuant to subsection A of this section shall conform to minimum standards established pursuant to Section 6 2806 of this act title.
<< OK ST T. 63 § 2813 >>
SECTION 5. AMENDATORY 63 O.S. 2021, Section 2813, is amended to read as follows:
Section 2813. As used in the Nine–One–One Emergency Number Act, Section 2811 et seq. of this title, unless the context otherwise requires:
1. “Area served” means the geographic area which shall be served by the emergency telephone service provided by the governing body of a county, municipality, part of a county or combination of such governing bodies;
2. “Emergency telephone service” means any telephone system utilizing a three-digit number, nine-one-one (911), for reporting an emergency to the appropriate public agency providing law enforcement, fire, medical or other emergency services, including ancillary communications systems and personnel necessary to pass the reported emergency to the appropriate emergency service and personnel;
3. “Emergency telephone fee” means a fee to finance the operation of emergency telephone service;
4. “Governing body” means the board of county commissioners of a county, the city council or other governing body of a municipality, or a combination of such boards, councils or other municipal governing bodies, which shall have an administering board as provided in subsection G of Section 2815 of this title. Any such combined administering board shall be formed and shall enter into an agreement between the governing body of each entity in accordance with the Interlocal Cooperation Act. The agreement shall be filed with the office of the county clerk and in the offices of each governmental entity involved;
5. “Local exchange telephone company” means any company providing exchange telephone services to any service user in this state, and shall include any competitive local exchange carrier as defined in Section 139.102 of Title 17 of the Oklahoma Statutes;
6. “Person” means any service user, including but not limited to, any individual, firm, partnership, copartnership, joint venture, association, cooperative organization, private corporation, whether organized for profit or not, fraternal organization, nonprofit organization, estate, trust, business or common law trust, receiver, assignee for the benefit of creditors, trustee or trustee in bankruptcy, the United States of America, the state, any political subdivision of the state, or any federal or state agency, department, commission, board or bureau;
7. “Public agency” means any city, town, county, municipal corporation, public district, public trust or public authority located within this state which provides or has authority to provide fire fighting, law enforcement, ambulance, emergency medical or other emergency services;
8. “Service user” means any person who is provided exchange telephone service in this state; and
9. “Tariff rate” means the rate or rates billed by a local exchange telephone company stated in tariffs applicable for such company, as approved by the Oklahoma Corporation Commission, or the current equivalent of such rates, which represent the recurring charges of such local exchange telephone company for exchange telephone service or its equivalent, exclusive of all taxes, fees, licenses or similar charges whatsoever.
<< OK ST T. 63 § 2862 >>
SECTION 6. AMENDATORY 63 O.S. 2021, Section 2862, is amended to read as follows:
Section 2862. As used in the Oklahoma 9–1–1 Management Authority Act:
1. “Authority” means the Oklahoma 9–1–1 Management Authority created in Section 3 2863 of this act title;
2. “Governing body” means the board of county commissioners of a county, the city council, tribal authority or other governing body of a municipality, or a combination of such boards, councils or other municipal governing bodies including county or municipal beneficiary public trusts, or other public trusts which shall have an administering board. A governing body made up of two or more governmental entities shall have a board consisting of not less than three members and shall consist of at least one member representing each governmental entity, appointed by the governing body of each participating governmental entity, as set forth in the agreement forming the board. The members of the board shall serve for terms of not more than three (3) years as set forth in the agreement. Members may be appointed to serve more than one term. The names of the members of the governing body board and the appointing authority of each member shall be maintained in the office of the county clerk in the county or counties in which the system operates, along with copies of the agreement forming the board and any amendments to that agreement;
3. “Next-generation 9–1–1” or “NG9–1–1” means an:
a. IP-based system comprised of hardware, software, data, and operational policies and procedures that:
(1) provides standardized interfaces from emergency call and message services to support emergency communications,
(2) processes all types of emergency calls, including voice, text, data and multimedia information,
(3) acquires and integrates additional emergency call data useful to call routing and handling,
(4) delivers the emergency calls, messages and data to the appropriate public safety answering point and other appropriate emergency entities,
(5) supports data or video communications needs for coordinated incident response and management, and
(6) provides broadband service to public safety answering points or other first responder entities, or
b. IP-based system comprised of hardware, software, data and operational policies and procedures that conforms with subsequent amendments made to the definition of Next Generation 9–1–1 services in Public Law 112–96;
4. “9–1–1 emergency telephone service” means any telephone system whereby telephone subscribers may utilize a three-digit number (9–1–1) for reporting an emergency to the appropriate public agency providing law enforcement, fire, medical or other emergency services, including ancillary communications systems and personnel necessary to pass the reported emergency to the appropriate emergency service and which the wireless service provider is required to provide pursuant to the Federal Communications Commission Order 94–102 (961 Federal Register 40348);
5. “9–1–1 wireless telephone fee” means the fee imposed in Section 5 2865 of this act title to finance the installation and operation of emergency 9–1–1 services and any necessary equipment;
6. “Place of primary use” means the street address representative of where the use of the mobile telecommunications service of the customer primarily occurs, which shall be the residential street address or the primary business street address of the customer and shall be within the licensed service area of the home service provider in accordance with Section 55001 of Title 68 of the Oklahoma Statutes and the federal Mobile Telecommunications Sourcing Act, P.L. No. 106–252, codified at 4 U.S.C. 116–126;
7. “Prepaid wireless telecommunications service” means a telecommunications wireless service that provides the right to utilize mobile wireless service as well as other telecommunications services including the download of digital products delivered electronically, content and ancillary services, which are paid for in advance and sold in predetermined units or dollars of which the number declines with use in a known amount;
8. “Proprietary information” means wireless service provider or VoIP service provider, subscriber, market share, cost and review information;
9. “Public agency” means any city, town, county, municipal corporation, public district, public trust, substate planning district, public authority or tribal authority located within this state which provides or has authority to provide firefighting, law enforcement, ambulance, emergency medical or other emergency services;
10. “Public safety answering point” or “PSAP” means an entity responsible for receiving 9–1–1 calls and processing those calls according to specific operational policy;
11. “Public safety telecommunicator” means a person who performs a public service by processing, analyzing, and dispatching calls for emergency assistance. The person is a first responder that provides pre-arrival instructions and has specialized training to mitigate the loss of life and property;
12. “Wireless service provider” means a provider of commercial mobile service under Section 332(d) of the Telecommunications Act of 1996, 47 U.S.C., Section 151 et seq., Federal Communications Commission rules, and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103–66, and includes a provider of wireless two-way communication service, radio-telephone communications related to cellular telephone service, network radio access lines or the equivalent, and personal communication service. The term does not include a provider of:
a. a service whose users do not have access to 9–1–1 service,
b. a communication channel used only for data transmission, or
c. a wireless roaming service or other nonlocal radio access line service;
12. 13. “Wireless telecommunications connection” means the ten-digit access number assigned to a customer regardless of whether more than one such number is aggregated for the purpose of billing a service user; and
13. 14. “Voice over Internet Protocol (VoIP) provider” means a provider of interconnected Voice over Internet Protocol service to end users in the state, including resellers.
<< OK ST T. 63 § 2864 >>
SECTION 7. AMENDATORY 63 O.S. 2021, Section 2864, is amended to read as follows:
Section 2864. The powers and duties of the Oklahoma 9–1–1 Management Authority created in Section 2863 of this title shall be to:
1. Approve or disapprove the selection of the Oklahoma 9–1–1 Coordinator by majority vote of the members. The Authority shall direct the Oklahoma 9–1–1 Coordinator to administer grants approved by the Authority pursuant to this section and perform other duties as it deems necessary to accomplish the requirements of the Oklahoma 9–1–1 Management Authority Act;
2. Prepare grant solicitations for funding for the purposes of assisting public agencies with funding for consolidation of facilities or services, deployment of Phase II technology or successor technology, development of next-generation 9–1–1 regional emergency service networks, and for other purposes it deems appropriate and necessary;
3. Work in conjunction with the Oklahoma Department of Emergency Management to create an annual budget for the Authority, which shall be approved by majority vote of the members;
4. Direct the Oklahoma Tax Commission to escrow all or any portion of funds collected pursuant to the Oklahoma 9–1–1 Management Authority Act attributable to a public agency, if the public agency fails to:
a. submit or comply with master plans to deliver Next Generation 9–1–1 (NG9–1–1) services as required by the Oklahoma 9–1–1 Management Authority Act and approved by the Authority. Local plans must align with the State's Master plan to deploy NG9–1–1,
b. meet standards of the National Emergency Number Association (NENA) limited to call-taking and caller-location technology or comply with an improvement plan to meet such standards as directed by the Authority,
c. submit annual reports or audits as required by the Oklahoma 9–1–1 Management Authority Act,
d. provide connectivity and interoperability between state, regional and local next-generation systems, or
e. comply with the requirements of the Oklahoma 9–1–1 Management Authority Act or procedures established by the Authority;
5. Establish and submit to the Tax Commission a list of eligible governing bodies entitled to receive 9–1–1 telephone fees and establish annual population figures for the purpose of distributing fees collected pursuant to Section 2865 of this title, to be derived by dividing the population of each public agency's response area by the total population of the state using data from the latest available Census estimates as of July 1 of each year;
6. Assist any public agency the Authority determines is performing below standards of the NENA, as limited by paragraph 4 of this section, according to the improvement plan required by the Oklahoma 9–1–1 Management Authority Act. The Authority shall establish a time period for the public agency to come into compliance after which the Authority shall escrow funds as authorized in this section. Improvement plans may include consideration and recommendations for consolidation with other public agencies, and sharing equipment and technology with other jurisdictions;
7. Require an annual report from public agencies regarding operations and financing of the public safety answering point (PSAP) and approve, modify or reject such reports;
8. Conduct and review audits and financial records of the wireless service providers and review public agencies' audits and financial records regarding the collection, remittance and expenditures of 9–1–1 wireless telephone fees as required by the Oklahoma 9–1–1 Management Authority Act;
9. Develop a master plan to deploy next-generation 9–1–1 services statewide. This will include the development of performance criteria critical to the function and performance of NG9–1–1 networks and systems;
10. Establish rules for interoperability between state, regional and local NG9–1–1 systems;
11. Facilitate information-sharing among public agencies;
12. Create and maintain best practices databases for PSAP operations;
13. Encourage equipment- and technology-sharing among all jurisdictions;
14. Develop training program standards for 9–1–1 call takers public safety telecommunicators for call taking.
a. Training program standards shall include instruction on recognizing the need for and delivery of High–Quality Telecommunicator CPR (T–CPR) that can be delivered by 9–1–1 call takers public safety telecommunicators for acute events requiring CPR including, but not limited to, out-of-hospital cardiac events (OHCA).
b. T–CPR training shall follow evidence-based, nationally recognized guidelines for high-quality T–CPR which incorporates recognition protocols for OHCA and continuous education;
15. Mediate disputes between public agencies and other entities involved in providing 9–1–1 emergency telephone services;
16. Provide a clearinghouse of contact information for communications service companies and PSAPs operating in this state;
17. Make recommendations for consolidation upon the request of public agencies;
18. Establish an eligible use list for 9–1–1 funds; and
19. Take any steps necessary to carry out the duties required by the Oklahoma 9–1–1 Management Authority Act.
<< Repealed: OK ST T. 63 § 2818.4 >>
SECTION 8. REPEALER 63 O.S. 2021, Section 2818.4, is hereby repealed.
SECTION 9. This act shall become effective November 1, 2022.
Approved April 21, 2022.
End of Document