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(Utah Code, 2003 Edition - as of 1st Spec. Ses.)

[Utah Code Table of Contents]
[TITLE 26. Table of Contents]
[CHAPTER 8a. Table of Contents]

(Title 26. Utah Health Code )
(Chapter 8a. Utah Emergency Medical Services System Act )

Part 3. Certificates, Designations, Permits, and Licenses.

26-8a-301 General requirement.
26-8a-302 Certification of emergency medical service personnel.
26-8a-303 Designation of emergency medical service providers.
26-8a-304 Permits for emergency medical service vehicles.
26-8a-305 Ambulance license required for emergency medical transport.
26-8a-306 Medical control.
26-8a-307 Patient destination.
26-8a-308 Exemptions.
26-8a-309 Out-of-state vehicles.
26-8a-310 Criminal background check.

26-8a-301 General requirement.

(1) Except as provided in Section 26-8a-308 :

(a) an individual may not provide emergency medical services without a certificate issued under Section 26-8a-302 ;

(b) a facility or provider may not hold itself out as a designated emergency medical service provider without a designation issued under Section 26-8a-303 ;

(c) a vehicle may not operate as an ambulance or emergency response vehicle without a permit issued under Section 26-8a-304 ; and

(d) an entity may not respond as an ambulance or paramedic provider without the appropriate license issued under Part 4, Ambulance and Paramedic Providers.

(2) Section 26-8a-502 applies to violations of this section.
    1999

26-8a-302 Certification of emergency medical service personnel.

(1) To promote the availability of comprehensive emergency medical services throughout the state, the committee shall establish:

(a) initial and ongoing certification and training requirements for emergency medical service personnel in the following categories:

(i) paramedic;

(ii) medical director;

(iii) emergency medical service instructor; and

(iv) other types of emergency medical personnel as the committee considers necessary; and

(b) guidelines for giving credit for out-of-state training and experience.

(2) The department shall, based on the requirements established in Subsection (1):

(a) develop, conduct, and authorize training and testing for emergency medical service personnel; and

(b) issue certifications and certification renewals to emergency medical service personnel.

(3) As provided in Section 26-8a-502 , an individual issued a certificate under this section may only provide emergency medical services to the extent allowed by the certificate.
    1999

26-8a-303 Designation of emergency medical service providers.

(1) To ensure quality emergency medical services, the committee shall establish designation requirements for emergency medical service providers in the following categories:

(a) quick response provider;

(b) resource hospital for emergency medical providers;

(c) emergency medical service dispatch center;

(d) emergency patient receiving facilities; and

(e) other types of emergency medical service providers as the committee considers necessary.

(2) The department shall, based on the requirements in Subsection (1), issue designations to emergency medical service providers listed in Subsection (1).

(3) As provided in Section 26-8a-502 , an entity issued a designation under Subsection (1) may only function and hold itself out in accordance with its designation.
    1999

26-8a-304 Permits for emergency medical service vehicles.

(1) To ensure that emergency medical service vehicles are adequately staffed, safe, maintained, and properly equipped, the committee shall establish permit requirements at levels it considers appropriate in the following categories:

(a) ambulance; and

(b) emergency response vehicle.

(2) The department shall, based on the requirements established in Subsection (1), issue permits to emergency medical service vehicles.
    1999

26-8a-305 Ambulance license required for emergency medical transport.

Except as provided in Section 26-8a-308 , only an ambulance operating under a permit issued under Section 26-8a-304 may transport an individual who:

(1) is in an emergency medical condition;

(2) is medically or mentally unstable, requiring direct medical observation during transport;

(3) is physically incapacitated because of illness or injury and in need of immediate transport by emergency medical service personnel;

(4) is likely to require medical attention during transport;

(5) is being maintained on any type of emergency medical electronic monitoring;

(6) is receiving or has recently received medications that could cause a sudden change in medical condition that might require emergency medical services;

(7) requires IV administration or maintenance, oxygen that is not patient-operated, or other emergency medical services during transport;

(8) needs to be immobilized during transport to a hospital, an emergency patient receiving facility, or mental health facility due to a mental or physical condition, unless the individual is in the custody of a peace officer and the primary purpose of the restraint is to prevent escape;

(9) needs to be immobilized due to a fracture, possible fracture, or other medical condition; or

(10) otherwise requires or has the potential to require a level of medical care that the committee establishes as requiring direct medical observation.
    1999

26-8a-306 Medical control.

(1) The committee shall establish requirements for the coordination of emergency medical services rendered by emergency medical service providers, including the coordination between prehospital providers, hospitals, emergency patient receiving facilities, and other appropriate destinations.

(2) The committee may establish requirements for the medical supervision of emergency medical service providers to assure adequate physician oversight of emergency medical services and quality improvement.
    1999

26-8a-307 Patient destination.

(1) If an individual being transported by a ground or air ambulance is in critical or unstable condition, the ground or air ambulance shall transport the patient to the trauma center or closest emergency patient receiving facility appropriate to adequately treat the patient.

(2) If the patient's condition is not critical or unstable as determined by medical control, the ground or air ambulance may transport the patient to the:

(a) hospital, emergency patient receiving facility, or other medical provider chosen by the patient and approved by medical control as appropriate for the patient's condition and needs; or

(b) nearest hospital, emergency patient receiving facility, or other medical provider approved by medical control as appropriate for the patient's condition and needs if the patient expresses no preference.
    1999

26-8a-308 Exemptions.

(1) The following persons may provide emergency medical services to a patient without being certified or licensed under this chapter:

(a) out-of-state emergency medical service personnel and providers in time of disaster;

(b) an individual who gratuitously acts as a Good Samaritan;

(c) a family member;

(d) a private business if emergency medical services are provided only to employees at the place of business and during transport;

(e) an agency of the United States government if compliance with this chapter would be inconsistent with federal law; and

(f) police, fire, and other public service personnel if:

(i) emergency medical services are rendered in the normal course of the person's duties; and

(ii) medical control, after being apprised of the circumstances, directs immediate transport.

(2) An ambulance or emergency response vehicle may operate without a permit issued under Section 26-8a-304 in time of disaster.

(3) Nothing in this chapter or Title 58, Occupations and Professions, may be construed as requiring a license or certificate for an individual to perform cardiopulmonary resuscitation and use a fully automated external defibrillator if that individual has successfully completed a course that includes instruction on cardiopulmonary resuscitation and the operation and use of a fully automated external defibrillator that is conducted in accordance with guidelines of the American Heart Association, American Red Cross, or other nationally recognized program by a person qualified by training or experience.

(4) Nothing in this chapter may be construed as requiring a license, permit, designation, or certificate for an acute care hospital, medical clinic, physician's office, or other fixed medical facility that:

(a) is staffed by a physician, physician's assistant, nurse practitioner, or registered nurse; and

(b) treats an individual who has presented himself or was transported to the hospital, clinic, office, or facility.
    2000

26-8a-309 Out-of-state vehicles.

(1) An ambulance or emergency response vehicle from another state may not pick up a patient in Utah to transport that patient to another location in Utah or to another state without a permit issued under Section 26-8a-304 and, in the case of an ambulance, a license issued under Part 4, Ambulance and Paramedic Providers.

(2) Notwithstanding Subsection (1), an ambulance or emergency response vehicle from another state may, without a permit or license:

(a) transport a patient into Utah; and

(b) provide assistance in time of disaster.

(3) The department may enter into agreements with ambulance and paramedic providers and their respective licensing agencies from other states to assure the expeditious delivery of emergency medical services beyond what may be reasonably provided by licensed ambulance and paramedic providers, including the transportation of patients between states.
    1999

26-8a-310 Criminal background check.

(1) At the time of application for, or renewal of, a certificate, the department shall obtain, at the applicant's expense, information from a criminal history record or warrant of arrest information maintained by the Department of Public Safety pursuant to Title 53, Chapter 10, Part 2, Bureau of Criminal Identification, to determine whether the individual has been convicted of a crime that bears upon his fitness to be certified or to have responsibility for the safety and well-being of children, the elderly, or persons with disabilities.

(2) (a) An applicant who has not had residency in the state for the last five years shall submit fingerprints and other identifying information.

(b) The department shall submit fingerprints obtained under Subsection (2)(a) to the Department of Public Safety to be forwarded to the Federal Bureau of Investigation for a nationwide criminal history record check to determine whether the individual has been convicted of a crime that bears upon his fitness to be certified or to have responsibility for the safety and well-being of children, the elderly, or persons with disabilities.

(3) Information obtained pursuant to Subsections (1) and (2) may be used to:

(a) withhold certification or renewal;

(b) commence or substantiate disciplinary action under Section 26-8a-503 ;

(c) enforce the provisions of this chapter; and

(d) notify the individual's employer as necessary to protect the public.
    1999

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