H.B. 331

1

AMBULANCE SERVICES - FREE MARKET
2 COMPETITION
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Gregory H. Hughes
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill amends the Utah Emergency Medical Services System Act to permit more
11 than one licensed ground ambulance provider to respond to non-911 ambulance
12 transport calls in an exclusive geographic service area.
13 Highlighted Provisions:
14 This bill:
15 . amends language regarding exclusive geographic service areas;
16 . enacts language to allow more than one ground ambulance provider to respond to
17 non-911 ground ambulance calls in a geographic service area; and
18 . provides license renewal standards.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 26-8a-402, as last amended by Chapter 1, Laws of Utah 2000
26 26-8a-413, as last amended by Chapter 213, Laws of Utah 2003
27 ENACTS:

28 26-8a-402.5, Utah Code Annotated 1953
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 26-8a-402 is amended to read:
32 26-8a-402. Exclusive geographic service areas.
33 (1) [Each] Except as provided in Section 26-8a-402.5 , each ground ambulance provider
34 license issued under this part shall be for an exclusive geographic service area as described in
35 the license. Only the licensed ground ambulance provider may respond to an ambulance
36 request that originates within the provider's exclusive geographic service area, except as
37 provided in Subsection (5) and Section 26-8a-416 .
38 (2) Each paramedic provider license issued under this part shall be for an exclusive
39 geographic service area as described in the license. Only the licensed paramedic provider may
40 respond to a paramedic request that originates within the exclusive geographic service area,
41 except as provided in Subsection (6) and Section 26-8a-416 .
42 (3) Nothing in this section may be construed as either requiring or prohibiting that the
43 formation of boundaries in a given location be the same for a licensed paramedic provider as it
44 is for a licensed ambulance provider.
45 (4) (a) A licensed ground ambulance or paramedic provider may, as necessary, enter
46 into a mutual aid agreement to allow another licensed provider to give assistance in times of
47 unusual demand, as that term is defined by the committee in rule.
48 (b) A mutual aid agreement shall include a formal written plan detailing the type of
49 assistance and the circumstances under which it would be given.
50 (c) The parties to a mutual aid agreement shall submit a copy of the agreement to the
51 department.
52 (d) Notwithstanding this Subsection (4), a licensed provider may not subcontract with
53 another entity to provide services in the licensed provider's exclusive geographic service area.
54 (5) Notwithstanding Subsection (1), a licensed ground ambulance provider may
55 respond to an ambulance request that originates from the exclusive geographic area of another
56 provider:
57 (a) pursuant to a mutual aid agreement;
58 (b) to render assistance on a case-by-case basis to that provider; [and]

59 (c) as necessary to meet needs in time of disaster or other major emergency[.]; and
60 (d) as permitted by Section 26-8a-402.5 .
61 (6) Notwithstanding Subsection (2), a licensed paramedic provider may respond to a
62 paramedic request that originates from the exclusive geographic area of another provider:
63 (a) pursuant to a mutual aid agreement;
64 (b) to render assistance on a case-by-case basis to that provider; and
65 (c) as necessary to meet needs in time of disaster or other major emergency.
66 Section 2. Section 26-8a-402.5 is enacted to read:
67 26-8a-402.5. Ground ambulance transport services -- License -- Service area.
68 (1) A ground ambulance provider may respond to a non-911 request for ambulance
69 transport in a geographic service area in a city or town located in a county with a population of
70 90,000 or greater if:
71 (a) the ground ambulance provider is licensed for paramedic services or ground
72 ambulance services for any exclusive geographic service area in a city or town located in a
73 county with a population density of 90,000 or greater;
74 (b) the ground ambulance provider notifies the department of its intent to provide
75 non-911 ground ambulance services in a particular geographic service area; and
76 (c) the ground ambulance provider certifies to the department that:
77 (i) the ground ambulance provider will respond to any non-911 ground ambulance calls
78 in the geographic service area; and
79 (ii) the ground ambulance provider will not respond to 911 ground ambulance calls in
80 the geographic service area unless:
81 (A) the ground ambulance non-911 provider has a license for E-911 or 911 service in
82 the geographic service area; or
83 (B) the provisions of Subsection 26-8a-402 (5) apply.
84 (2) (a) Upon receiving a completed application and the required fees, the department
85 shall review the application and determine whether the applicant meets the requirements of
86 Subsection (1).
87 (b) If the department finds that a ground ambulance service provider meets the
88 requirements of Subsection (1), the department shall issue a license to the ground ambulance
89 provider for non-911 ground ambulance services within the geographic service area identified

90 in Subsection (1)(b).
91 (c) An application for a license under this section is not subject to the provisions of
92 Sections 26-8a-406 through 26-8a-409 .
93 Section 3. Section 26-8a-413 is amended to read:
94 26-8a-413. License renewals.
95 (1) A licensed provider desiring to renew its license must meet the renewal
96 requirements established by department rule.
97 (2) The department shall issue a renewal license for a ground ambulance provider or a
98 paramedic provider upon the licensee's application for a renewal and without a public hearing
99 if there has been:
100 (a) no change in controlling interest in the ownership of the licensee as defined in
101 Section 26-8a-415 ;
102 (b) no serious, substantiated public complaints filed with the department against the
103 licensee during the term of the previous license;
104 (c) no material or substantial change in the basis upon which the license was originally
105 granted;
106 (d) no reasoned objection from the committee or the department; and
107 (e) if the applicant was licensed under the provisions of Sections 26-8a-406 through
108 26-8a-409 , no conflicting license application which, for purposes of this Subsection (2)(e), is
109 not an application under Section 26-8a-402.5 .
110 (3) (a) (i) The provisions of this Subsection (3) apply to a provider licensed under the
111 provisions of Sections 26-8a-405.1 and 26-8a-405.2 .
112 (ii) A provider may renew its license if the provisions of Subsections (1), (2)(a)
113 through (d), and this Subsection (3) are met.
114 (b) (i) The department shall issue a renewal license to a provider upon the provider's
115 application for renewal for one additional four-year term if the political subdivision certifies to
116 the department that the provider has met all of the specifications of the original bid.
117 (ii) If the political subdivision does not certify to the department that the provider has
118 met all of the specifications of the original bid, the department may not issue a renewal license
119 and the political subdivision must enter into a public bid process under Sections 26-8a-405.1
120 and 26-8a-405.2 .

121 (c) (i) The department shall issue an additional renewal license to a provider who has
122 already been issued a one-time renewal license under the provisions of Subsection (3)(b)(i) if
123 the department and the political subdivision do not receive, prior to the expiration of the
124 provider's license, written notice from an approved applicant informing the political
125 subdivision of the approved applicant's desire to submit a bid for ambulance or paramedic
126 service.
127 (ii) If the department and the political subdivision receive the notice in accordance with
128 Subsection (3)(c)(i), the department may not issue a renewal license and the political
129 subdivision must enter into a public bid process under Sections 26-8a-405.1 and 26-8a-405.2 .
130 (4) The department shall issue a renewal license for an air ambulance provider upon
131 the licensee's application for renewal and completion of the renewal requirements established
132 by department rule.
133 (5) The department shall issue a renewal for a license for non-911 ground ambulance
134 services under Section 26-8a-402.5 upon the licensee application for renewal and if the
135 department finds that the licensee still meets the requirements of Section 26-8a-402.5 .




Legislative Review Note
as of 1-24-06 2:05 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel