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.