IN THE FIRESTONE SENATE
January 4, 2024
Healthcare Act of 2024
Be it enacted by the Senate and House of Representatives of the State of Firestone in Congress assembled,
SECTION 1 - SEVERABILITY & ENACTMENT
(a) Should any part of this act be struck down and/or declared unenforceable, then that part shall be severed with the rest remaining in full force and effect unless all is struck down and/or declared unenforceable.
(b) This act shall enter into effect 14 days after its passage by the constitutionally required processes.
SECTION 2 - NULLIFICATIONS
(a) The Healthcare Reformation Act (R) shall be declared null and void.
(b) Sections 9 and 10 of Chapter 1 of the Firestone Criminal Code shall be declared null and void.
SECTION 3 - DEFINITIONS
(a) The Firestone Department of Health shall be defined as Firestone Department of Health - Roblox.
(b) For the purposes of this act, the following shall be defined as medical certifications. The Supervisory Board may add, amend, or remove any certification through proper procedure.
(b1) An Emergency Medical Technician-Basic (EMT-B) shall be recognized as a medical provider.
(b2) An Advanced Emergency Medical Technician (AEMT) shall be recognized as a medical provider.
(b3) An Emergency Medical Technician-Paramedic (EMT-P) shall be recognized as a medical provider.
(b4) A Critical Care Emergency Medical Technician-Paramedic (CCEMT-P) shall be recognized as a medical provider.
(b6) A Registered Nurse (RN) Shall be recognized as a medical provider.
(b7) A Nurse Practitioner (NP) Shall be recognized as both as a medical provider.
(b8) A Medical Doctor (MD) Shall be recognized as both an as a medical provider.
(b9) A Board Certified Physician (BCP) Shall be recognized as as a medical provider.
(c) All individuals medically licensed by the Supervisory Board shall be considered a “medical provider”.
(d) “Agency” and “Department” shall be defined as a legitimate government organization that is recognized by law.
(e) A “Majority Vote” shall be defined as at least half (1/2) of the membership (rounded to the higher whole number) voting in favor.
(f) A “Supermajority Vote” shall be defined as at least two thirds (2/3) of the membership (rounded to the higher whole number) voting in favor.
(g) A “Health Crisis” shall be defined as a period in time where an unusually high number of civilians are affected by related illness or injury that has a direct cause.
SECTION 4 - DEPARTMENT OF HEALTH
(a) The Firestone Department of Health shall be established as a department under the Firestone Executive Branch.
(b) The Firestone Department of Health shall be led by a Secretary. The Secretary shall be a Cabinet position. The Secretary shall appoint a Deputy Secretary, which shall be a Sub-Cabinet position.
(c) The Firestone Department of Health shall be responsible for maintaining and regulating all medical practice in the State of Firestone, except when designated to the Supervisory Board.
(d) The Secretary of Health may prescribe regulations for the government of the Firestone Department of Health, the conduct of its employees, the distribution and performance of its business, and the custody, use, and preservation of its records, papers, and property, within the confines of other law.
(e) The Department of Health shall:
(e1) Update and make all medical certifications publicly accessible, subsequent to any Supervisory Board alterations to such;
(e2) Update and make all scope of practice guidelines publicly accessible, subsequent to any Supervisory Board alterations to such;
(e3) Update and make all medical protocol publicly accessible, subsequent to any Supervisory Board alterations to such;
(e4) Have the authority to investigate and audit a business or department for violations of medical protocol, medical-related law, or Supervisory Board policy or regulations; and
(e5) Have the authority to declare a health crisis with the consent from the Secretary of Health.
(f) The Firestone Department of Health shall not perform any action that is allocated to the Supervisory Board in section 5 of this act.
SECTION 5 - SUPERVISORY BOARD
(a) The Firestone Medical Supervisory Board (hereinafter “Supervisory Board” or “The Board”) shall be established under the Firestone Department of Health. The Secretary of Health shall be the chair of the Supervisory Board and shall preside over all matters within the board.
(b) The Supervisory Board shall be comprised of:
(b1) Secretary of Health;
(b2) 1 citizen who is certified as a EMT-B, AEMT, EMT-P, or CCEMT-P who is nominated by the Secretary of Health and confirmed by the Supervisory Board with a majority vote;
(b3) Director of the Firestone Fire Academy;
(b4) Chief of the Stapleton County Fire Department;
(b5) Deputy Chief of the Stapleton County Fire Department;
(b6) Deputy Director of the Firestone Fire Academy;
(b7) Deputy Secretary of the Firestone Department of Health;
(b8) a bar certified attorney who holds either a EMT-B, AEMT, EMT-P, CCEMT-P, RN, NP, MD, or BCP who is nominated by the Secretary of Health and confirmed by the Supervisory Board with a majority vote;
(b9) The commanding officer of the Firestone National Guard: 9th Medical Platoon;
(b10) The Director of the Department of Health: Stapleton County Medical Services; and
(b11) The Chief of Staff of the Department of Health.
(c) No person shall occupy two seats on the Supervisory Board at one time.
(c1) Should a person automatically occupy two or more seats on the Supervisory Board due to their positions within agencies, they shall nominate an individual from the agency of the seat that is not being occupied and that individual shall be confirmed by the Supervisory Board with a majority vote (this may be done for multiple seats if the person holds more than two seats due to positions). Should the person who holds multiple seats resign and from one or more of their positions, making them only hold one seat, the individual that they nominated shall be removed from the Supervisory Board. Should the person resign from all of their positions that hold seats, the nominated individuals shall be removed from the Supervisory Board.
(d) The Supervisory Board shall be entitled to remove a member with a supermajority (2/3) vote and notwithstanding section 5b of this act, shall only be obligated to reappoint the member with a majority vote (1/2). The positions in section 5, (b2) or (b9) may be removed from the board with a majority (1/2) vote.
(e) The Supervisory Board shall retain the following authorities and shall be the sole authority for such:
(e1) Management of all medical certifications and alterations to the scope of practices thereof;
(e2) Issuance, revocation, and suspension of all medical certifications, as well as management of who can issue medical certifications;
(e3) Issuance of medical protocols for all medical providers (this shall not prevent agencies from creating medical protocol for their employees, as long as such is not in violation of Supervisory Board protocol or law).
(f) Procedures of operation shall be as defined.
(f1) The action in section 5, subsections e1, e2, and e3 of this act shall only be performed upon a majority vote.
(f2) The Supervisory Board shall have the authority to open an investigative inquiry into medical providers with a majority vote to determine if a medical-related violation of law or protocol was violated. Such inquiry shall be closed after either 60 days have passed or with a majority vote.
(f3) The Supervisory Board may, with a majority vote, open an administrative court to determine if a medical provider has acted in violation of medical-related law or protocol. The accused medical provider shall have the opportunity to provide a defense for themselves. The accused medical provider shall the opportunity to up to two attorneys present if they so wish. The Supervisory Board may find, with a preponderance of the evidence, that the accused provider violated of medical related law or protocol with a supermajority vote (this shall not be considered a criminal conviction in any way and shall not carry the repercussions of a conviction in the court of law). Upon the finding that the accused provider did violate medically related law or protocol, the Supervisory Board may: suspend the individual’s medical certification(s) (not to exceed 30 days), revoke the individual’s medical certification(s), issue a verbal or written reprimand, and/or blacklist the individual from obtaining a medical certification.
(f3a) The Supervisory Board shall be required to hold an administrative court prior to any disciplinary action being taken upon a provider. This shall not apply for a provider who has been arrested for, or convicted of, a misdemeanor or felony or who has been community banned. This shall also not apply for blacklists of an individual who is not a licensed provider. The blacklist of an unlicensed provider and the revocation of license for a provider who is community banned or arrested or convicted of a criminal offense shall require a majority vote.
(f3b) The Firestone Department of Health Secretary, Deputy Secretary, and Chief of Staff shall have the authority to temporarily suspend a provider’s medical certification for a maximum period of one (1) week. This may only be enacted for emergency reasons.
(f4) The Supervisory Board may create internal procedures for operation. Such procedures shall not contradict law.
(f5) No guidelines issued by the Supervisory Board may be ex post facto or in violation of state law, executive order, or the constitution.
(f6) Should a supervisory board member be the subject of an investigative inquiry or administrative court; they shall be temporarily removed from the Supervisory Board. Should the Secretary of Health be the subject of an investigative inquiry or administrative court, the Governor shall be chair of the board for the remainder of the inquiry or court.
(g) The board shall be able to sue and be sued in the court of law.
(h) There shall be no privilege created for patient health records or patient-related communications within the State of Firestone unless such information is classified in accordance with the laws of this state.
(i) The Supervisory Board may appoint advisors to the board with a majority vote. These advisors may be removed with a majority vote. These advisors shall be required to actively possess an EMT-B, AEMT, EMT-P, CCEMT-P, RN, NP, MD, BCP, or bar certification.
SECTION 6 - MEDICAL MALPRACTICE
(a) Chapter 2, Section 14 of the Firestone criminal Code shall be established, titled “§14 - Medical Malpractice” and shall state:"
(a) The act of medical malpractice shall be recognized as an unlawful criminal offense within the State of Firestone.
(b) Medical malpractice shall be the act of a person harming another person while acting in the capacity of a medical provider (as defined in the Healthcare Act of 2024) as a result of grossly negligent, willfully negligent, or reckless conduct while performing a medical or healing art."
(b) Chapter 2, section 14 of the Firestone Criminal Code shall be classed as a Class A Misdemeanor and shall carry a jail time of 200 seconds and a citation value of 100 FSD. The jail time and the citation value may be enforced singularly or in conjunction.
SECTION 7 - UNLAWFUL PRACTICE OF MEDICINE
(a) Chapter 1, Section 10 of the Firestone Criminal Code shall be established, titled “§10 - Unlawful Practice of Medical or Healing Art” and shall state:"
(a) The act of Unlawful Practice of Medical or Healing Art shall be recognized as an unlawful criminal offense within the State of Firestone.
(b) The act of Unlawful Practice of Medical or Healing Art shall be the act of undertaking any medical or healing action or procedure that is not permitted by law and is done without permission from the Supervisory Board. The Scope of Practice of a medical provider, (as defined by the Healthcare Act of 2024) as set by the Supervisory Board, shall constitute “permission” from the Supervisory Board to perform such medical or healing action or procedure."
(b) Chapter 1, Section 10 of the Firestone Criminal Code shall be classed as a Class C Felony and shall carry a jail time of 600 seconds and a citation value of 500FSD. The jail time and the citation value may be enforced singularly or in conjunction.
SECTION 8 - GOOD SAMARITAN LAW
(a) Any person, except those that are medical providers and are acting within their scope of practice, who is present at an emergency or accident and
(a1) Believes that the life, health, and safety of an injured person or a person who is under imminent threat of danger could be aided by first aid level medical services as defined by the Supervisory Board; and
(a2) Proceeds to lend emergency assistance or service in a manner calculated in good faith to lessen or remove the immediate threat to the life, health, or safety of such a person,
(a3) shall not be held liable, or arrested, in any action, claim, or proceeding, in this state for any act or omission resulting from the rendering services of the first aid level as defined by the Supervisory Board unless the act or omission was not in good faith and was the result of gross negligence or willful misconduct.
CHIEF-SPONSOR
Mega_Goalie16, Governor, EMT-P AUTHOR
Funpark22, Representative, EMT-P/FF
CO-SPONSORS
nuttyboy987, Health Secretary of Firestone