H.B. 218

This document includes House Committee Amendments incorporated into the bill on Thu, Feb 20, 2003 at 10:54 AM by kholt. --> 1

PROVISION FOR EMERGENCY MEDICAL
2 SERVICES
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Peggy Wallace
6 This act modifies the Municipal Code and the Health Code by amending provisions
7 related to emergency medical services provided by municipalities. The act requires a
8 municipality that intends to annex a geographic service area and provide emergency
9 medical services to that area, to certify to the Department of Health that the municipality
10 can meet current emergency medical service levels. The act requires the department to
11 amend a municipality's license for emergency medical services to include the annexed
12 area after final approval of the annexation. The act makes technical amendments.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 AMENDS:
15 10-2-425, as last amended by Chapter 318, Laws of Utah 2000
16 26-8a-414, as last amended by Chapter 86, Laws of Utah 2000
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 10-2-425 is amended to read:
19 10-2-425. Filing of plat or map and amended articles -- Notice requirements.
20 (1) Within 30 days after enacting an ordinance annexing an unincorporated area or
21 adjusting a boundary under this part, the municipal legislative body shall:
22 (a) record with the county recorder a certified copy of the ordinance approving the
23 annexation or boundary adjustment, together with a plat or map prepared by a licensed
24 surveyor and approved by the municipal legislative body, showing the new boundaries of the
25 affected area; [and]
26 (b) file with the lieutenant governor amended articles of incorporation reflecting the
27 annexation or boundary adjustment, as provided in Section 10-1-117 [.]; and

28 (c) in accordance with Section 26-8a-414 , file the documents described in Subsection
29 (1)(a) with the Department of Health.
30 (2) The municipal legislative body shall comply with the notice requirements of
31 Section 10-1-116 .
32 Section 2. Section 26-8a-414 is amended to read:
33 26-8a-414. Annexations.
34 (1) [If a licensee is a] A municipality shall comply with the provisions of this section if
35 the municipality [that] is licensed under this chapter and desires to provide service to an area
36 that [it has annexed,] is:
37 (a) included in a petition for annexation under Title 10, Chapter 2, Part 4, Annexation;
38 and
39 (b) currently serviced by another provider licensed under this chapter.
40 (2) (a) h (i) h At least 45 days prior to approving a petition for annexation, the municipality
41 [may apply] shall h [ :
42 (i) ] h certify to the department [to amend its license to include the annexed area. Upon
43 receipt of a completed application to amend the license, the department shall notify in writing
44 all other licensed providers who serve any portion of the annexed area of the municipality's
45 application.] that by the time of the approval of the annexation the municipality can meet or
46 exceed the current level of service provided by the existing licensee for the annexed area by
47 meeting the requirements of Subsections (2)(b)(ii)(A) through (D); and
48 (ii) h NO LATER THAN 3 BUSINESS DAYS AFTER THE MUNICIPALITY FILES A PETITION
48a FOR ANNEXATION IN ACCORDANCE WITH SECTION 10-2-403, h provide written notice of the
48b petition for annexation to h :
48c (A) h the existing licensee
49 providing service to the area included in the petition of annexation h ; AND
49a (B) THE DEPARTMENT h .
50 [(2) If the department does not receive an objection from a licensed provider that
51 serves some portion of the annexed area within 30 days of issuing the notice that identifies an
52 adverse impact to the provider or the public, the department shall:]
53 [(a) review the application to amend the license to determine whether the applicant can
54 adequately provide services to the proposed area and whether the public interest in the areas of
55 cost, quality, and access would be harmed; and]
56 [(b) if the application meets the requirements of Subsection (2)(a), amend the

57 municipality's license and all other affected licenses to reflect the municipality's new
58 boundaries.]

59 [(3) If an objection is received under Subsection (2), the municipality shall file a
60 standard application for a license with the department under the provisions of Sections
61 26-8a-404 through 26-8a-409 .]
62 (b) (i) After receiving a certification under Subsection (2)(a), but prior to the
63 municipality approving a petition for annexation, the department may audit the municipality
64 only to verify the requirements of Subsections (2)(b)(ii)(A) through (D).
65 (ii) If the department elects to conduct an audit, the department shall make a finding
66 that the municipality can meet or exceed the current level of service provided by the existing
67 licensee for the annexed area if the department finds that the municipality has or will have by
68 the time of the approval of the annexation:
69 (A) adequate trained personnel to deliver basic and advanced life support services;
70 (B) adequate apparatus and equipment to deliver emergency medical services;
71 (C) adequate funding for personnel and equipment; and
72 (D) appropriate medical controls, such as a medical director and base hospital.
73 (iii) The department shall submit the results of the audit in writing to the municipal
74 legislative body.
75 (3) (a) If the department audit finds that the municipality meets the requirements of
76 Subsection (2)(b)(ii), the department shall issue an amended license to the municipality and all
77 other affected licensees to reflect the municipality's new boundaries after the department
78 receives notice of the approval of the petition for annexation from the municipality in
79 accordance with Section 10-2-425 .
80 (b) (i) Notwithstanding the provisions of Subsection 63-46b-1 (2)(k), if the department
81 audit finds that the municipality fails to meet the requirements of Subsection (2)(b)(ii), the
82 municipality may request an adjudicative proceeding under the provisions of Title 63, Chapter
83 46b, Administrative Procedures Act. The municipality may approve the petition for annexation
84 while an adjudicative proceeding requested under this Subsection (3)(b)(i) is pending.
85 (ii) The department shall conduct an adjudicative proceeding when requested under
86 Subsection (3)(b)(i).
87 (iii) Notwithstanding the provisions of Sections 26-8a-404 through 26-8a-409 , in any
88 adjudicative proceeding held under the provisions of Subsection (3)(b)(i), the department bears
89 the burden of establishing that the municipality cannot, by the time of the approval of the

90 annexation, meet the requirements of Subsection (2)(b)(ii).
91 (c) If, at the time of the approval of the annexation, an adjudicative proceeding is
92 pending under the provisions of Subsection (3)(b)(i), the department shall issue amended
93 licenses if the municipality prevails in the adjudicative proceeding.




Legislative Review Note
as of 1-20-03 2:11 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel