[KPFARS-Operations] Update on EMT Training Fund

[Alfred Low-Beer]

I am writing to inform you about recent changes made to the EMT Training Fund which will affect the squad and may affect some of its members.  The EMT Training Fund (N.J.S.A. 26:2K-57), hereinafter, the Fund, is a fund established by the State Legislature in 1992 to provide funding to members of volunteer EMS agencies so they can take and complete an EMT course allowing them to be certified as EMTs and to take refresher courses to maintain their certification; all without spending their own funds or agency funds.  Over the years, many of our members have taken advantage of the Fund to become EMTs.
The basic premise of the program has been to give volunteers the opportunity to become EMTs with little or no cost to them and in return they would commit to spending a certain amount of time on their agency serving their community as EMTs.
To date many of the policies set forth by the State Office of EMS have been in the form of “best practices,” that is guidelines that the State recommends be followed but are not required to be followed.  Some of these have now been codified as State law and must be followed.
The new law has not been codified yet but can be found as Senate Bill S2453.  A copy is attached.  Under the new law, the Fund will be available to all volunteers on EMS agencies, without regard to whether the EMS agency bills for its services or not.  The only requirement is that the volunteer is not paid for his service.  Under the old law only members of volunteer agencies (agencies that do not bill for their services) were eligible.
The new law requires not only that the head of the EMS agency certify that the volunteer is a volunteer member in good standing with the agency at the time of the application to use the Fund to pay for his training, but also to certify that the volunteer is a volunteer member in good standing with the agency at any time during the commitment period.  Under the old law, the head of the agency was only required to certify that the volunteer was a member in good standing of the agency at the time of their application to use the Fund to pay for his/her initial EMT training.
Under the old law, there was no specific commitment owed by the member for his use of the fund.  The best practices guidance was 2 years of commitment involving a minimum of 25 calls and 100 hours on call after certification as an EMT.  The new law requires 3 years of commitment with at least one call during each of those months after certification as an EMT.  This law serves as an element of what is considered a volunteer member in good standing of the agency and does not replace any of the agencies own requirements for a member in good standing.
Under the old law, there was no specific method of enforcement to be imposed upon a volunteer member who used the Fund and failed to meet their commitment.  The best practice guidance was for the agency to make a contract with the member prior to certifying them for eligibility to utilize the Fund and take steps to enforce the contract if the member broke the agreement.  Since the squad was not providing the money for the member to use and, thus, had no consideration to base a contract on, the squad did not contract with members for certifying their eligibility, nor did the squad ever take actions against any member who failed to meet the recommended commitment set forth in the best practice guidance.  Under the new law, the agency is required to seek reimbursement from any member of the agency who fails to meet their commitment.  Under the new law, the Department of Health will ultimately be responsible and have the authority to recover all funds expended by the State from individuals that do not meet their commitment.
There are two major exceptions set forth in the law.  First, volunteer members of EMS agencies who are also paid as full-time EMTs working for a hospital system are not eligible for reimbursement for their refresher training.
Second, certain volunteer members of EMS agencies who do not fulfill the commitment because they go to attend certain institutions of higher education.  Those institutions are public colleges and universities; as well as, private colleges, universities, and institutes located in New Jersey that are non-profit, offer academic degrees, and offer a level of education equivalent to the public institutes in the State of New Jersey.
The new law gives the Commissioner of Health the authority to issue regulations to carry out the requirements of the law.  Hopefully, these regulations when promulgated will answer questions dealing with the specifics of this new law.
The new law will take effect on the first day of the seventh month following its enactment.
If you have any questions, please let me know and I will try to get you an answer.

Alfred Low-Beer
Chief
Kendall Park First Aid & Rescue Sauad
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