Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 3010
Area of operation; transfers
Public Health (PBH) CHAPTER 45, ARTICLE 30
§ 3010. Area of operation; transfers. 1. Every ambulance service
certificate or statement of registration issued under this article shall
specify the primary territory within which the ambulance service shall
be permitted to operate. An ambulance service shall receive patients
only within the primary territory specified on its ambulance service
certificate or statement of registration, except: (a) when receiving a
patient which it initially transported to a facility or location outside
its primary territory; (b) as required for the fulfillment of a mutual
aid agreement authorized by the regional council; (c) upon express
approval of the department and the appropriate regional emergency
medical services council for a maximum of sixty days if necessary to
meet an emergency need; provided that in order to continue such
operation beyond the sixty day maximum period necessary to meet an
emergency need, the ambulance service must satisfy the requirements of
this article, regarding determination of public need and specification
of the primary territory on the ambulance service certificate or
statement of registration; or (d) an ambulance service or advanced life
support first response service organization formed to serve the need for
the provision of emergency medical services in accordance with the
religious convictions of a religious denomination may serve such needs
in an area adjacent to such primary territory and, while responding to a
call for such service, the needs of other residents of such area at the
emergency scene. Any ambulance service seeking to operate in more than
one region shall make application to each appropriate regional council.
Whenever an application is made simultaneously to more than one regional
council, the applications submitted to the regional councils shall be
identical, or copies of each application shall be submitted to all the
regional councils involved.

2. No ambulance service certificate shall be transferable unless the
regional council and the department reviews and approves the transfer as
follows:

a. Any change in the individual who is the sole proprietor of an
ambulance service shall only be approved upon a determination that the
proposed new operator is competent and fit to operate the service.

b. Any change in a partnership which is the owner of an ambulance
service shall be approved based upon a determination that the new
partner or partners are competent and fit to operate the service. The
remaining partners shall not be subject to a character and fitness
review.

c. Any transfer, assignment or other disposition of ten percent or
more of the stock or voting rights thereunder of a corporation which is
the owner of an ambulance service, or any transfer, assignment or other
disposition of the stock or voting rights thereunder of such a
corporation which results in the ownership or control of ten percent or
more of the stock or voting rights thereunder by any person, shall be
approved based upon a determination that the new stockholder or
stockholder proposing to obtain ten percent or more of the stock or
voting rights thereunder of such corporation is competent and fit to
operate the service. The remaining stockholders shall not be subject to
a character and fitness review.

d. Any transfer of all or substantially all of the assets of a
corporation which owns or operates a certified ambulance service shall
be approved based upon a determination that the individual, partnership,
or corporation proposing to obtain all or substantially all of the
assets of the corporation is competent and fit to operate the service.

e. Any transfer affected in the absence of the review and approval
required by this section shall be null and void and the certificate of
such ambulance service shall be subject to revocation or suspension.

3. Nothing contained in this section shall be construed to prohibit
any voluntary ambulance service authorized by its governing authority to
do so from transporting any sick or injured resident of its primary
territory from any general hospital or other health care facility
licensed by the department, whether or not such general hospital or
health care facility is within the service's primary territory, to any
other general hospital or health care facility licensed by the
department for further care, or to such resident's home. Nothing
contained in this section shall be construed to prohibit any proprietary
ambulance service authorized by its governing body to do so from
transporting any sick or injured patient from any general hospital or
other health care facility licensed by the department whether or not
such general hospital or health care facility is within the service's
primary territory, to any other general hospital or health care facility
licensed by the department within the service's primary territory for
further care, or to such patient's home, if such patient's home is
within its primary territory. Any ambulance service owned by or under
contract to a general hospital licensed by the department may transport
any specialty patient from any other general hospital or health care
facility licensed by the department to the hospital owning such
ambulance service, or with which it has a contract. Categories of
specialty patients shall be defined by rule by the state emergency
medical services council, subject to the approval of the commissioner.

4. No ambulance service certificate of an ambulance service which has
discontinued operations for a continuous period in excess of thirty days
shall be transferable without the approval of the appropriate regional
council.