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[Utah Code Table of Contents]
[TITLE 26. Table of Contents]
[CHAPTER 8a. Table of Contents]
26-8a-101 Title.
This chapter is known as the "Utah Emergency Medical Services
System Act."
1999
26-8a-102 Definitions.
As used in this chapter:
(1) "Ambulance" means a ground, air, or water vehicle that:
(a) transports patients and is used to provide emergency medical services; and
(b) is required to obtain a permit under Section 26-8a-304 to operate in the state.
(2) "Ambulance provider" means an emergency medical service provider that:
(a) transports and provides emergency medical care to patients; and
(b) is required to obtain a license under Part 4, Ambulance and Paramedic Providers.
(3) "Committee" means the State Emergency Medical Services Committee created by Section 26-1-7 .
(4) "Direct medical observation" means in-person observation of a patient by a physician, registered nurse, physician's assistant, or individual certified under Section 26-8a-302 .
(5) "Emergency medical condition" means:
(a) a medical condition that manifests itself by symptoms of sufficient severity, including severe pain, that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in:
(i) placing the individual's health in serious jeopardy;
(ii) serious impairment to bodily functions; or
(iii) serious dysfunction of any bodily organ or part; or
(b) a medical condition that in the opinion of a physician or his designee requires direct medical observation during transport or may require the intervention of an individual certified under Section 26-8a-302 during transport.
(6) "Emergency medical service personnel":
(a) means an individual who provides emergency medical services to a patient and is required to be certified under Section 26-8a-302 ; and
(b) includes a paramedic, medical director of a licensed emergency medical service provider, emergency medical service instructor, and other categories established by the committee.
(7) "Emergency medical service providers" means:
(a) licensed ambulance providers and paramedic providers;
(b) a facility or provider that is required to be designated under Section 26-8a-303 ; and
(c) emergency medical service personnel.
(8) "Emergency medical services" means medical services, transportation services, or both rendered to a patient.
(9) "Emergency medical service vehicle" means a land, air, or water vehicle that is:
(a) maintained and used for the transportation of emergency medical personnel, equipment, and supplies to the scene of a medical emergency; and
(b) required to be permitted under Section 26-8a-304 .
(10) "Interested party" means:
(a) a licensed or designated emergency medical services provider that provides emergency medical services within or in an area that abuts an exclusive geographic service area that is the subject of an application submitted pursuant to Part 4, Ambulance and Paramedic Providers;
(b) any municipality, county, or fire district that lies within or abuts a geographic service area that is the subject of an application submitted pursuant to Part 4, Ambulance and Paramedic Providers; or
(c) the department when acting in the interest of the public.
(11) "Medical control" means a person who provides medical supervision to an emergency medical service provider.
(12) "Paramedic provider" means an entity that:
(a) employs emergency medical service personnel; and
(b) is required to obtain a license under Part 4, Ambulance and Paramedic Providers.
(13) "Patient" means an individual who, as the result of illness or injury, meets any of the criteria in Section 26-8a-305 .
(14) "Trauma" means an injury requiring immediate medical or surgical intervention.
(15) "Trauma system" means a single, statewide system that:
(a) organizes and coordinates the delivery of trauma care within defined geographic areas from the time of injury through transport and rehabilitative care; and
(b) is inclusive of all prehospital providers, hospitals, and rehabilitative facilities in delivering care for trauma patients, regardless of severity.
(16) "Triage" means the sorting of patients in terms of disposition, destination, or priority. For prehospital trauma victims, triage requires a determination of injury severity to assess the appropriate level of care according to established patient care protocols.
(17) "Triage, treatment, transportation, and transfer guidelines" means written procedures that:
(a) direct the care of patients; and
(b) are adopted by the medical staff of an emergency patient
receiving facility, trauma center, or an emergency medical
service provider.
2000
26-8a-103 State Emergency Medical Services Committee - Membership - Report - Expenses.
(1) The State Emergency Medical Services Committee created by Section 26-1-7 shall be composed of the following 16 members appointed by the governor, at least five of whom must reside in a county of the third, fourth, fifth, or sixth class:
(a) five physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act, as follows:
(i) one surgeon who actively provides trauma care at a hospital;
(ii) one rural physician involved in emergency medical care;
(iii) two physicians who practice in the emergency department of a general acute hospital; and
(iv) one pediatrician who practices in the emergency department or critical care unit of a general acute hospital or a children's specialty hospital;
(b) one representative from a private ambulance provider;
(c) one representative from an ambulance provider that is neither privately owned nor operated by a fire department;
(d) two chief officers from fire agencies operated by the following classes of licensed or designated emergency medical services providers: municipality, county, and fire district, provided that no class of medical services providers may have more than one representative under this Subsection (1)(d);
(e) one director of a law enforcement agency that provides emergency medical services;
(f) one hospital administrator;
(g) one emergency care nurse;
(h) one paramedic in active field practice;
(i) one emergency medical technician in active field practice;
(j) one certified emergency medical dispatcher affiliated with an emergency medical dispatch center; and
(k) one consumer.
(2) (a) Except as provided in Subsection (2)(b), members shall be appointed to a four-year term beginning July 1.
(b) Notwithstanding Subsection (2)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of committee members are staggered so that approximately half of the committee is appointed every two years.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be appointed by the governor for the unexpired term.
(3) (a) Each January, the committee shall organize and select one of its members as chair and one member as vice chair. The committee may organize standing or ad hoc subcommittees, which shall operate in accordance with guidelines established by the committee.
(b) The chair shall convene a minimum of four meetings per year. The chair may call special meetings. The chair shall call a meeting upon request of five or more members of the committee.
(c) Nine members of the committee constitute a quorum for the transaction of business and the action of a majority of the members present is the action of the committee.
(4) The committee shall submit a report in a form acceptable to the committee each November at the Law Enforcement and Criminal Justice Interim Committee meeting concerning its:
(a) funding priorities and recommended sources;
(b) closest responder recommendations;
(c) centralized dispatch;
(d) duplication of services and any taxing consequences;
(e) appropriate providers for emergency medical services; and
(f) recommendations and suggested legislation.
(5) (a) Members shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(b) Members may decline to receive per diem and expenses for their service.
(6) Administrative services for the committee shall be
provided by the department.
2001
26-8a-104 Committee powers.
The committee shall adopt rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, that:
(1) establish certification and reciprocity requirements under Section 26-8a-302 ;
(2) establish designation requirements under Section 26-8a-303 ;
(3) promote the development of a statewide emergency medical services system under Section 26-8a-203 ;
(4) establish insurance requirements for ambulance providers;
(5) provide guidelines for requiring patient data under Section 26-8a-203 ;
(6) establish criteria for awarding grants under Section 26-8a-207 ;
(7) establish requirements for the coordination of emergency medical services and the medical supervision of emergency medical service providers under Section 26-8a-306 ; and
(8) are necessary to carry out the responsibilities of
the committee as specified in other sections of this chapter.
1999
26-8a-105 Department powers.
The department shall:
(1) coordinate the emergency medical services within the state;
(2) administer this chapter and the rules established pursuant to it;
(3) establish a voluntary task force representing a diversity of emergency medical service providers to advise the department and the committee on rules; and
(4) adopt rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, to:
(a) license ambulance providers and paramedic providers;
(b) permit ambulances and emergency response vehicles;
(c) establish application, submission, and procedural requirements for licenses, designations, certificates, and permits; and
(d) establish and implement the programs, plans, and responsibilities
as specified in other sections of this chapter.
1999
26-8a-106 Waiver of rules.
(1) Upon application, the committee or department may waive the requirements of a rule it has adopted if:
(a) the person applying for the waiver satisfactorily demonstrates that:
(i) the waiver is necessary for a pilot project to be undertaken by the applicant;
(ii) in the particular situation, the requirement serves no beneficial public purpose; or
(iii) circumstances warrant that waiver of the requirement outweighs the public benefit to be gained by adherence to the rule; and
(b) for a waiver granted under Subsection (1)(a)(ii) or (iii), the committee or department:
(i) extends the wavier to similarly situated persons upon application; or
(ii) amends the rule to be consistent with the waiver.
(2) No waiver may be granted under this section that is
inconsistent with the provisions of this chapter.
1999
