County of Butte v. EMERGENCY MEDICAL SERVICES AUTHORITY

Good Law
115 Cal. Rptr. 3d 128·187 Cal. App. 4th 1175·2010 Cal. App. LEXIS 1494
Court of Appeal of CaliforniaAugust 27, 2010C060407California10,631 words

Opinion

Opinion

Scotland, J.

The Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (EMS Act; Health & Saf. Code, § 1797 et seq.) was enacted in 1980 to “provide the state with a statewide system for emergency medical services” and to “ensure the provision of effective and efficient emergency medical care” to the people of California. (Stats. 1980, ch. 1260, § 7, pp. 4261-4277; Health & Saf. Code, §§ 1797.1, 1797.6, subd. (a); further section references are to the Health and Safety Code unless otherwise specified.)

Through the EMS Act, the Legislature created essentially a two-tiered regulatory system “governing virtually every aspect of prehospital emergency medical services.” (County of San Bernardino v. City of San Bernardino (1997) 15 Cal.4th 909, 915 [ 64 Cal.Rptr.2d 814 , 938 P.2d 876 ] (hereafter County of San Bernardino).) The first tier is occupied by the Emergency Medical Services Authority (the Authority), a division of the California Health and Human Services Agency, “which is responsible for the coordination and integration of all state activities concerning emergency medical services.” (§ 1797.1; see § 1797.100.) The second tier of governance is…

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