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2020 SESSION
20103020DBe it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 56-484.16:1 as follows:
§ 56-484.16:1. PSAP dispatchers; training requirements.
A. As used in this section:
"Dispatcher" means an individual answering 911 emergency medical condition calls on behalf of a PSAP.
"Emergency Medical Dispatch" means a systematic program of handling medical calls pursuant to which trained dispatchers determine the nature and priority of the call, dispatch the appropriate response, and give the caller instructions to help treat the caller until the arrival of the appropriate responder.
"Emergency Medical Dispatch certification" means certification of a dispatcher by the International Academies of Emergency Dispatch as being qualified to provide Emergency Medical Dispatch services.
"Emergency Medical Dispatch education program" means an Emergency Medical Dispatch certification education program that meets national criteria set forth by the American Society for Testing and Materials (ASTM), the National Association of ESM Physicians, and the U.S. Department of Transportation, the completion of which by a dispatcher satisfies the training requirements for Emergency Medical Dispatch certification through the International Academies of Emergency Medical Dispatch.
"Telecommunicator cardiopulmonary resuscitation" or "T-CPR" means the delivery of cardiopulmonary resuscitation instructions to a caller by a dispatcher before arrival of medical assistance by emergency responders.
B. By December 1, 2020, the Board shall adopt regulations establishing standards for training and equipment required for the provision of T-CPR by dispatchers. The standards shall meet or exceed nationally recognized emergency cardiovascular care guidelines. At a minimum, training standards shall require dispatchers to obtain certification in cardiopulmonary resuscitation and shall incorporate recognition protocols for out-of-hospital cardiac arrest, compression-only cardiopulmonary resuscitation instructions for callers, and continuing education as appropriate. The Board shall update such standards as frequently as necessary, but not more frequently than biennially, in order to keep the standards current with nationally recognized emergency cardiovascular care guidelines.
C. On or before January 1, 2022, each PSAP shall provide training in T-CPR to each dispatcher in its employ and shall provide its dispatchers with equipment necessary for the provision of T-CPR. The training and equipment shall comply with the standards adopted by the Board pursuant to subsection B. Following completion of the initial training, each dispatcher's training shall be updated or supplemented in order to reflect updates to the training standards.
D. An operator of a PSAP may enter into a reciprocal agreement with the operator of another PSAP authorizing the initial PSAP to transfer callers to the other PSAP at times that the PSAP does not have a trained dispatcher on duty who is able to provide T-CPR to a caller. If a PSAP transfers a caller under the provisions of this subsection, the transferring PSAP shall use an evidence-based protocol for the identification of a person in need of cardiopulmonary resuscitation and ensure that the PSAP to which calls are transferred uses dispatchers that meet the training requirements under subsection B to provide assistance on administering T-CPR.
E. The Board shall identify all public agencies and other persons that provide T-CPR training that satisfies the requirements adopted under subsection B and set minimum standards for course approval, instruction, and examination, including online training modules based on nationally recognized guidelines. The Board shall implement a means to ensure that every dispatcher that has satisfactorily completed a training program and his employing PSAP receive a certificate of completion of the required T-CPR training.
F. No dispatcher who instructs a caller on T-CPR shall be liable for any civil damages arising out of the instruction provided to the caller, except for acts or omissions intentionally designed to harm or for grossly negligent acts or omissions that result in harm to an individual. A caller may decline to receive T-CPR. When a caller declines T-CPR, the dispatcher has no obligation to provide such instruction.
G. By January 1, 2024, each operator of a PSAP shall implement a requirement that each of its dispatchers shall by July 1, 2024, have completed an Emergency Medical Dispatch education program that complies with minimum standards established by the Board. The Board shall ensure that every dispatcher that has satisfactorily completed an Emergency Medical Dispatch education program and his employing PSAP receive a certificate of completion of the required education program. Following completion of the initial Emergency Medical Dispatch education program, each dispatcher's training shall be updated or supplemented in order to reflect updates to the education program.
H. The Board shall adopt regulations in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) as are necessary to implement the provisions of this section.