1     
NON-EMERGENCY PATIENT TRANSPORTATION SAFETY

2     
AMENDMENTS

3     
2018 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Edward H. Redd

6     
Senate Sponsor: Curtis S. Bramble

7     

8     LONG TITLE
9     General Description:
10          This bill amends the Utah Emergency Medical Services System Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows an emergency medical services provider to decline or delay a request for
14     non-emergency transportation under certain circumstances that would endanger the
15     patient or the provider; and
16          ▸     requires a hospital to hold a bed for a patient whose transportation is delayed or
17     declined under the provisions of this bill.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     ENACTS:
24          26-8a-602, Utah Code Annotated 1953
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 26-8a-602 is enacted to read:

28          26-8a-602. Interfacility transportation of behavioral health unit and basic life
29     support patients.
30          (1) As used in this section:
31          (a) "Basic life support patient" means a patient admitted into a hospital emergency
32     room, medical unit, or other hospital unit that:
33          (i) has stable vital signs;
34          (ii) does not have an IV in place;
35          (iii) has no advanced life support medications that will be required for monitoring or
36     administering during transport; and
37          (iv) does not require chemical or physical restraints.
38          (b) "Provider" means a ground ambulance or paramedic licensed under this chapter.
39          (2) A provider may refuse or delay a request for interfacility transportation if:
40          (a) the request is for the transportation of a basic life support patient;
41          (b) the request is made between the hours of 10:00 p.m. and 6:00 a.m.; and
42          (c) (i) the request is for a route that, at the time of the request, would require more than
43     30 miles of driving, as calculated from the patient's originating site to the patient's destination
44     site;
45          (ii) staffing levels or availability of equipment at the time of a request are below the
46     levels established by the department under Subsection (3); or
47          (iii) there are hazardous weather conditions, as defined by the department under
48     Subsection (3).
49          (3) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
50     Administrative Rulemaking Act, to:
51          (a) establish a level of staffing or equipment availability necessary to support the needs
52     and expectations of a political subdivision's 911 ambulance or paramedic services between the
53     hours of 10:00 p.m. and 6:00 a.m.; and
54          (b) define hazardous weather conditions under which the interfacility transportation of
55     a non-emergent basic life support patient would result in substantial risk to the patient and the
56     provider.
57          (4) (a) Notwithstanding the requirements in Subsections 26-8a-402(5)(c) and (6)(c), a
58     provider outside of the exclusive geographic service area may respond to a request for the

59     interfacility transportation of a basic life support patient if the provider that is licensed in the
60     exclusive geographic service area:
61          (i) delays or declines a request under Subsection (2); and
62          (ii) requests assistance under a mutual aid agreement.
63          (b) A request under Subsection (4)(a)(ii) qualifies as a time of unusual demand under
64     Subsection 26-8a-402(4)(a).
65          (5) If a provider refuses or delays a request under Subsection (2), the receiving health
66     care provider shall honor an affirmative request from the originating health care provider to
67     hold a bed for a patient whose transportation was refused or delayed from the time of the
68     notification until the earlier of:
69          (a) a notification from the originating health care provider to the receiving health care
70     provider that the bed is no longer needed; or
71          (b) 6:00 a.m. after the initial notification is given, plus a reasonable amount of time for
72     transportation from the originating site to the receiving site.
73          (6) If a health care provider makes a request to hold a bed under Subsection (5), the
74     originating health care provider shall provide regular updates to the receiving health care
75     provider on the status of the delayed transportation.
76          (7) Nothing in this section requires a provider to:
77          (a) delay or decline transportation under Subsection (2); or
78          (b) render assistance under a mutual aid agreement under Subsection (4).






Legislative Review Note
Office of Legislative Research and General Counsel