(a) Each emergency medical service organization licensed or certified by the Commissioner of Public Health shall, upon receipt of a notice of intention to strike by a labor organization representing the employees of such emergency medical service organization file a strike contingency plan, in accordance with the provisions of the National Labor Relations Act, 29 USC 158, as amended from time to time, with the commissioner not later than five days before the date indicated for commencement of the strike.
(b) The commissioner may issue a summary order to any emergency medical service organization, as defined in section 19a-175, that fails to file a strike contingency plan that complies with the provisions of this section and the regulations adopted by the commissioner pursuant to this section within the specified time period. Such order shall require the emergency medical service organization to immediately file a strike contingency plan that complies with the provisions of this section and the regulations adopted by the commissioner pursuant to this section.
(c) Any emergency medical service organization that fails to comply with this section shall be subject to a civil penalty of not more than ten thousand dollars for each day of noncompliance.
(d) (1) If the commissioner determines that an emergency medical service organization has failed to comply with the provisions of this section or the regulations adopted pursuant to this section, for which a civil penalty is authorized by subsection (c) of this section, the commissioner may send to an authorized officer or agent of the emergency medical service organization, by certified mail, return receipt requested, or personally serve upon such officer or agent, a notice that includes: (A) A reference to this section or the section or sections of the regulations with which the emergency medical service organization has failed to comply; (B) a short and plain statement of the matters asserted or charged; (C) a statement of the maximum civil penalty that may be imposed for such noncompliance; and (D) a statement of the party's right to request a hearing to contest the imposition of the civil penalty.
(2) An emergency medical service organization may make written application for a hearing to contest the imposition of a civil penalty pursuant to this section not later than twenty days after the date such notice is mailed or served. All hearings under this section shall be conducted in accordance with the provisions of chapter 54. If an emergency medical service organization fails to request a hearing or fails to appear at the hearing or if, after the hearing, the commissioner finds that the emergency medical service organization is in noncompliance, the commissioner may, in the commissioner's discretion, order a civil penalty to be imposed that is not greater than the penalty stated in the notice. The commissioner shall send a copy of any order issued pursuant to this subsection by certified mail, return receipt requested, to the emergency medical service organization named in such order.
(e) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54: (1) Establishing requirements for a strike contingency plan, that shall include, but need not be limited to, a requirement that the plan contain documentation that the emergency medical service organization has arranged, in the event of a strike, for adequate staffing and security, fuel, pharmaceuticals and other essential supplies and services necessary to meet the needs of the patient population served by the emergency medical service organization; and (2) for purposes of the imposition of a civil penalty upon an emergency medical service organization pursuant to subsections (c) and (d) of this section.
(f) Such plan shall be deemed a statement of strategy or negotiations with respect to collective bargaining for the purpose of subdivision (9) of subsection (b) of section 1-210.
(P.A. 14-231, S. 25.)
Structure Connecticut General Statutes
Title 19a - Public Health and Well-Being
Chapter 368d - Emergency Medical Services
Section 19a-175. (Formerly Sec. 19-73u). - Definitions.
Section 19a-177. (Formerly Sec. 19-73w). - Duties of commissioner.
Section 19a-177a. - Waiver of regulations.
Section 19a-178b. - Grants for enhancing emergency medical services and equipment.
Section 19a-178c. - Plan to mobilize emergency medical services during state of emergency. Rates.
Section 19a-179. (Formerly Sec. 19-73aa). - Regulations.
Section 19a-179c. - Interfacility critical care transport. Emergency interfacility transport.
Section 19a-179f. - Transport of patient to an alternate destination.
Section 19a-180c. - Authority of primary service area responder at certain scenes.
Section 19a-180d. - Responsibility for decision-making on scene of emergency medical call.
Section 19a-181a. - Indemnification of emergency medical services instructors.
Section 19a-181b. - Local emergency medical services plan.
Section 19a-181c. - Removal of responder. Revocation of responder's primary service area assignment.
Section 19a-181d. - Hearing re performance standards.
Section 19a-181g. - Primary service area responder sale or transfer of ownership.
Section 19a-183. (Formerly Sec. 19-73ee). - Regional emergency medical services councils.
Section 19a-188. (Formerly Sec. 19-73jj). - Transfer of staff and funds.
Section 19a-193b. - Collection of payment by an ambulance service.
Section 19a-194. (Formerly Sec. 19-73pp). - Motorcycle rescue vehicles.
Section 19a-195. - Regulations re staffing of ambulances.
Section 19a-196. - Complaints against emergency medical services councils, hearings and appeals.
Section 19a-196a. - Termination of services to municipalities restricted.
Section 19a-197a. - Administration of epinephrine.
Section 19a-197b. - Training standards for the use of automatic external defibrillators.
Section 19a-197c. - Automatic external defibrillators required on public golf courses.