HB 589

1	A bill to be entitled
2	An act relating to emergency medical services; amending s.
3	401.25, F.S.; providing requirements for an applicant for
4	advanced life support nontransportation licensure;
5	permitting municipal, independent special district, and
6	community development district fire departments to provide
7	certain life support services; authorizing a county
8	governing body to adopt ordinances establishing standards
9	for issuing a certificate of public convenience and
10	necessity; providing conditions for the issuance of a
11	temporary certificate of public convenience and necessity;
12	providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Section 401.25, Florida Statutes, is amended to
17	read:
18	401.25  Licensure as a basic life support or an advanced
19	life support service.-
20	(1)  Every person, firm, corporation, association, or
21	governmental entity owning or acting as agent for the owner of
22	any business or service which furnishes, operates, conducts,
23	maintains, advertises, engages in, proposes to engage in, or
24	professes to engage in the business or service of providing
25	prehospital or interfacility advanced life support services or
26	basic life support transportation services must be licensed as a
27	basic life support service or an advanced life support service,
28	whichever is applicable, before offering such service to the
29	public. The application for such license must be submitted to
30	the department on forms provided for this purpose. The
31	application must include documentation that the applicant meets
32	the appropriate requirements for a basic life support service or
33	an advanced life support service, whichever is applicable, as
34	specified by rule of the department.
35	(2)  The department shall issue a license for operation to
36	any applicant who complies with the following requirements:
37	(a)  The applicant has paid the fees required by s. 401.34.
38	(b)  The ambulances, equipment, vehicles, personnel,
39	communications systems, staffing patterns, and services of the
40	applicant meet the requirements of this part, including the
41	appropriate rules for either a basic life support service or an
42	advanced life support service, whichever is applicable.
43	(c)  The applicant has furnished evidence of adequate
44	insurance coverage for claims arising out of injury to or death
45	of persons and damage to the property of others resulting from
46	any cause for which the owner of such business or service would
47	be liable. The applicant must provide insurance in such sums and
48	under such terms as required by the department. In lieu of such
49	insurance, the applicant may furnish a certificate of self-
50	insurance evidencing that the applicant has established an
51	adequate self-insurance plan to cover such risks and that the
52	plan has been approved by the Office of Insurance Regulation of
53	the Financial Services Commission.
54	(d)  The applicant for basic or advanced life support
55	transportation services has obtained a certificate of public
56	convenience and necessity from each county in which the
57	applicant will operate. In issuing the certificate of public
58	convenience and necessity, the governing body of each county
59	shall consider the recommendations of municipalities within its
60	jurisdiction.
61	(e)  The applicant for advanced life support
62	nontransportation services has obtained a certificate of public
63	convenience and necessity from each county in which the
64	applicant will operate. In issuing the certificate of public
65	convenience and necessity, the governing body of each county may
66	not prohibit a municipal, independent special district, or
67	community development district fire department from providing
68	services within its jurisdiction.
69	(3)  The department may suspend or revoke a license at any
70	time if it determines that the licensee has failed to maintain
71	compliance with the requirements prescribed for operating a
72	basic or advanced life support service.
73	(4)  A Each license issued under in accordance with this
74	part expires will expire automatically 2 years after the date of
75	issuance.
76	(5)  The requirements for renewal of any license issued
77	under this part are the same as the requirements for original
78	licensure that are in effect at the time of renewal.
79	(6)  The governing body of each county may adopt ordinances
80	that provide reasonable standards for certificates of public
81	convenience and necessity for basic or advanced life support
82	transportation services and air ambulance services. In
83	developing standards for certificates of public convenience and
84	necessity, the governing body of each county must consider state
85	guidelines, recommendations of the local or regional trauma
86	agency created under chapter 395, and the recommendations of
87	municipalities within its jurisdiction.
88	(7)  The governing body of each county may adopt ordinances
89	that provide reasonable standards for certificates of public
90	convenience and necessity for advanced life support
91	nontransportation services. The governing body of each county
92	may not prohibit a municipal, independent special district, or
93	community development district fire department within its
94	jurisdiction from receiving a certificate of public convenience
95	and necessity if the fire department meets or exceeds
96	requirements mandated by state law.
97	(8)  The governing body of each county shall issue a
98	certificate of public convenience and necessity for advanced
99	life support nontransportation services to any municipal,
100	independent special district, or community development district
101	fire department within its jurisdiction within a reasonable
102	period of time after receiving the applicant's request. If the
103	county issues certificates of public convenience and necessity
104	only on an annual or biannual basis, a temporary certificate of
105	public convenience and necessity shall be issued until the
106	applicant can participate according to the established schedule.
107	(9)(7)(a)  Each permitted basic life support ambulance not
108	specifically exempted from this part, when transporting a person
109	who is sick, injured, wounded, incapacitated, or helpless, must
110	be occupied by at least two persons: one patient attendant who
111	is a certified emergency medical technician, certified
112	paramedic, or licensed physician; and one ambulance driver who
113	meets the requirements of s. 401.281. This paragraph does not
114	apply to interfacility transfers governed by s. 401.252(1).
115	(b)  Each permitted advanced life support ambulance not
116	specifically exempted from this part, when transporting a person
117	who is sick, injured, wounded, incapacitated, or helpless, must
118	be occupied by at least two persons: one who is a certified
119	paramedic or licensed physician; and one who is a certified
120	emergency medical technician, certified paramedic, or licensed
121	physician who also meets the requirements of s. 401.281 for
122	drivers. The person with the highest medical certifications
123	shall be in charge of patient care. This paragraph does not
124	apply to interfacility transfers governed by s. 401.252(1).
125	Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.