Florida Senate - 2011 SB 1786
By Senator Latvala
16-01180D-11 20111786__
1 A bill to be entitled
2 An act relating to basic life support or advanced life
3 support service; amending s. 401.23, F.S.; defining
4 the term “advanced life support nontransport service”
5 and redefining the term “advanced life support
6 service” to exclude nontransport services; amending s.
7 401.25, F.S.; clarifying the licensure requirements
8 for entities that provide advanced life support
9 nontransport services; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Present subsections (2) through (21) of section
14 401.23, Florida Statutes, are redesignated as subsections (3)
15 through (22), respectively, a new subsection (2) is added to
16 that section, and present subsection (2) of that section is
17 amended, to read:
18 401.23 Definitions.—As used in this part, the term:
19 (2) “Advanced life support nontransport service” means an
20 emergency medical nontransport service owned and operated by a
21 governmental entity which uses advanced life support techniques
22 but does not provide transport services.
23 (3)(2) “Advanced life support service” means any emergency
24 medical transport or nontransport service that which uses
25 advanced life support techniques.
26 Section 2. Section 401.25, Florida Statutes, is amended to
27 read:
28 401.25 Licensure as a basic life support or an advanced
29 life support service.—
30 (1) Every person, firm, corporation, association, or
31 governmental entity owning or acting as agent for the owner of
32 any business or service which furnishes, operates, conducts,
33 maintains, advertises, engages in, proposes to engage in, or
34 professes to engage in the business or service of providing
35 prehospital or interfacility advanced life support services or
36 basic life support transportation services must be licensed as a
37 basic life support service, or an advanced life support service,
38 or an advanced life support nontransport service, whichever is
39 applicable, before offering such service to the public. The
40 application for such license must be submitted to the department
41 on forms provided for this purpose. The application must include
42 documentation that the applicant meets the appropriate
43 requirements for a basic life support service or an advanced
44 life support service, whichever is applicable, as specified by
45 rule of the department.
46 (2) The department shall issue a license for operation to
47 any applicant who complies with the following requirements:
48 (a) The applicant has paid the fees required by s. 401.34.
49 (b) The ambulances, equipment, vehicles, personnel,
50 communications systems, staffing patterns, and services of the
51 applicant meet the requirements of this part, including the
52 appropriate rules for either a basic life support service or an
53 advanced life support service, whichever is applicable.
54 (c) The applicant has furnished evidence of adequate
55 insurance coverage for claims arising out of injury to or death
56 of persons and damage to the property of others resulting from
57 any cause for which the owner of such business or service would
58 be liable. The applicant must provide insurance in such sums and
59 under such terms as required by the department. In lieu of such
60 insurance, the applicant may furnish a certificate of self
61 insurance evidencing that the applicant has established an
62 adequate self-insurance plan to cover such risks and that the
63 plan has been approved by the Office of Insurance Regulation of
64 the Financial Services Commission.
65 (d) The applicant for basic or advanced life support
66 services has obtained a certificate of public convenience and
67 necessity from each county in which the applicant will operate.
68 In issuing the certificate of public convenience and necessity,
69 the governing body of each county shall consider the
70 recommendations of municipalities within its jurisdiction.
71 (3) The department may suspend or revoke a license at any
72 time if it determines that the licensee has failed to maintain
73 compliance with the requirements prescribed for operating a
74 basic or advanced life support service.
75 (4) Each license issued in accordance with this part will
76 expire automatically 2 years after the date of issuance.
77 (5) The requirements for renewal of any license issued
78 under this part are the same as the requirements for original
79 licensure which that are in effect at the time of renewal.
80 (6) The governing body of each county may adopt ordinances
81 that provide reasonable standards for certificates of public
82 convenience and necessity for basic or advanced life support
83 transportation services and air ambulance services. In
84 developing standards for certificates of public convenience and
85 necessity, the governing body of each county must consider state
86 guidelines, recommendations of the local or regional trauma
87 agency created under chapter 395, and the recommendations of
88 municipalities within its jurisdiction.
89 (7)(a) Each permitted basic life support ambulance not
90 specifically exempted from this part, when transporting a person
91 who is sick, injured, wounded, incapacitated, or helpless, must
92 be occupied by at least two persons: one patient attendant who
93 is a certified emergency medical technician, certified
94 paramedic, or licensed physician; and one ambulance driver who
95 meets the requirements of s. 401.281. This paragraph does not
96 apply to interfacility transfers governed by s. 401.252(1).
97 (b) Each permitted advanced life support ambulance not
98 specifically exempted from this part, when transporting a person
99 who is sick, injured, wounded, incapacitated, or helpless, must
100 be occupied by at least two persons: one who is a certified
101 paramedic or licensed physician; and one who is a certified
102 emergency medical technician, certified paramedic, or licensed
103 physician who also meets the requirements of s. 401.281 for
104 drivers. The person with the highest medical certifications
105 shall be in charge of patient care. This paragraph does not
106 apply to interfacility transfers governed by s. 401.252(1).
107 Section 3. This act shall take effect July 1, 2011.