Changes to Existing Law

Any A county or municipality may provide ambulance service and enter into agreements with other governmental subdivisions and with other persons for such services. Any county or municipality may appropriate funds for such purposes: (1) Provide or contract for the provision of ambulance services; and may enter into an agreement with such other governmental (2) Contract with a political subdivision or any competent other person to furnish funds for such purposes, on an annual basis as may mutually be agreed upon. The funds shall be paid to such person or political subdivision when a claim has been duly filed, audited, and allowed by the county or municipality. Any county or municipality may license and regulate persons providing such services, for the provision of moneys to support ambulance services.

Any person violating the provisions any provision of §§ 34-11-2 34-11- 3 to 34-11-9, inclusive, or the regulationsrules adopted pursuant theretothereunder, is guilty of a Class 1 misdemeanor.A violation is also grounds, upon hearing held pursuant to chapter 1-26, for suspension or revocation of any prior authorized license.

Terms used in this chapter mean: (1) "Air ambulance," an aircraft, fixed wing, or helicopter, that is designated or can be quickly modified to provide transportation of wounded, injured, sick, invalid, or incapacitated human beings or expectant mothers; (2) "Ambulance," a vehicle for emergency care with that has a driver compartment and a patient compartment, carrying and carries all equipment and supplies needed to provide emergency medical technical-basic level for the provision of emergency care, at the scene of an emergency and enroute to an appropriate a medical facility, by: 25 (a) Advanced life support personnel, as defined in § 36-4B-1; and (b) Emergency medical technicians, certified in accordance with section 31 of this Act; and (3)(2) "Ambulance service," any person or organization that is licensed by the Department of Health to provide emergency medical services, at the scene of an emergency and enroute to a medical facility, and to provide nonemergency medical transportation to a patient transport; (4) "Emergency medical responder," any person certified by the Department of Health trained to provide simple, noninvasive care focused on lifesaving interventions for critical patients. The emergency medical responder renders on site emergency care while awaiting additional emergency medical services response from an emergency medical technician or higher level personnel. An emergency medical responder may notmake decisions independently regarding the appropriate disposition of a patient; (5) "Emergency medical technician" any person trained in emergency medical care in accordance with standards prescribed by rules promulgated pursuant to this chapter, who provides emergency medical services, including automated external defibrillation under indirect medical control, in accordance with the person's level of training; (6) "License," the permit to provide ambulance service; (7) "Licensing agency," the Department of Health; (8) "Medical director," a physician licensed pursuant to chapter 36-4 who is responsible for providing medical supervision and direction to an ambulance service; and (9) "Operator," any person or entity who has a license from the licensing agency to provide ambulance service.

No Before an ambulance service shall may be operated in this stateunless the ambulance service has a currently valid license from the licensing agency to provide such, the service must be licensed by the Department of Health. In order to obtain licensure, the chief executive of the service must: (1) Complete and submit an application developed by the department; and (2) Submit a licensure fee established by the department, in rule, pursuant to chapter 1-26, but not exceeding twenty-five dollars. 33 A license issued in accordance with this section expires two years from the date of issuance.

The Department of Health may adoptshall promulgate rules, pursuant to chapter 1-26, relating to the licensure and operation of an ambulance services including patient care, personnel, medical and maintenance service. The rules must include: (1) The nature and scope of the services that may be provided to patients by the ambulance service; (2) The medical equipment and supplies that must be on board each ambulance; (3) The maintenance requirements for medical equipment, sanitary conditions, and necessary supplies; and (4) Sanitary requirements.

No operator may provideThe Department of Health may not license an ambulance service unless both the each driver of the ambulance and the attendant on duty in the ambulance possess certification of completing an emergency carehas: (1) Completed an emergency vehicles operation course, approved by the Department of Healthdepartment; and (2) Met all other requirements set forth by the department, in rules promulgated under chapter 1-26, regarding: (a) The performance of cardiopulmonary resuscitation; (b) The maintenance of patient confidentiality; (c) Infection control measures; (d) Patient movement; and (e) Equipment and communication system knowledge. The department shall, in rules promulgated under chapter 1-26, establish the frequency with which a driver must undergo initial and continued training.

The Department of Health may deny the issuance or renewal of a certification or suspend or revoke the certification of any driver or attendant certified pursuant to § 34-11-6 upon satisfactory proof of the person's gross incompetence, or 31 unprofessional or dishonorable conduct, including acts of gross incompetence, or unprofessional or dishonorable conduct occurring before July 1, 2006. For the purposes of this section, the Department of Health shall define, in rules pursuant to chapter 1-26, the terms, gross incompetence, unprofessional conduct, and dishonorable conduct not license an ambulance service unless each attendant is: (1) An emergency medical technician, certified in accordance with chapter 36-4B; (2) An emergency medical technician-intermediate/85, licensed in accordance with chapter 36-4B; (3) An emergency medical technician-intermediate/99, licensed in accordance with chapter 36-4B; (4) An advanced emergency medical technician, licensed in accordance with chapter 36-4B; or (5) A paramedic, licensed in accordance with chapter 36-4B.

Each operator shall record each trip on forms designated by the licensing agency and copies submitted to the department monthly. These records shall be maintained for a period of four years and upon request be made available to the department for inspection ambulance service shall provide electronic trip records to the Department of Health, at the time and in the manner directed by the department. The department shall set forth the required content for these records in rules promulgated pursuant to chapter 1-26. The content must be statistical in nature and may not include any information that is confidential, as referenced in section 8 of this Act.

No provision of §§ 34-11-2 to 34-11-10, inclusive, nor any regulation adopted pursuant to said sections shall be construed as limiting any other provision of law delegating to theThe Department of Health the authority to regulate and may inspect an 30 ambulance to verify that the siren and warning lights, siren, brakes, and mechanical adequacy and safety of ambulances are operational.

The following are exempt from the provisions of §§ 34-11-2 to 34-11- 10 34-11-8, inclusive: (1) The occasional use of a privately owned vehicle or aircraft, not ordinarily used in the business of providing ambulance service or operating under the provisions of § 32-34-3; (2) A vehicle rendering services as anthat provides ambulance in case of major catastrophe services following a disaster or emergencywhen ambulance services, if ambulances based in the localities of the catastrophe or emergency area are insufficient or unavailableunable to render provide the necessary services required; (3) Ambulance servicesAn ambulance service based outside the of this state, except that any such ambulanceunless the service is receiving a patient within in this state for transport and providing non-emergency medical transportation to a another location within in this state shall comply with §§ 34-11-2 to 34-11-10, inclusive, unless such transport is a medical emergency; (4) Vehicles A vehicle owned and operated by a rescue squads which aresquad, provided the vehicle is not regularly used as ambulances except as partan ambulance outside of rescue operations; (5) Ambulances An ambulance owned and operated by agencies of the United Statesfederal government; and (6) Coach services engagedA vehicle used to provide coach service, by prior appointmentin the transportation of infirm or disabled individuals not requiring emergency, for persons who require non-emergency medical care in transit transportation.