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House Engrossed |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HOUSE BILL 2140 |
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AN ACT
Amending sections 36‑2233 and 36‑2242, Arizona Revised Statutes; relating to ambulance services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-2233, Arizona Revised Statutes, is amended to read:
36-2233. Certificate of necessity to operate an ambulance service; termination; exceptions; service areas
A. Any person wishing to operate an ambulance service in this state shall apply to the department on a form prescribed by the director for a certificate of necessity.
B. The director shall issue a certificate of necessity if all of the following apply:
1. The ambulance service has a certificate of registration issued by the department for at least one ambulance pursuant to section 36‑2212.
2. The director finds that public necessity requires the service or any part of the service proposed by the applicant.
3. The director finds that the applicant is fit and proper to provide the service.
4. The applicant has paid the appropriate fees pursuant to section 36‑2240.
5. The applicant has filed a surety bond pursuant to section 36‑2237.
C. A certificate of necessity issued pursuant to subsection B of this section shall be for all or part of the service proposed by the applicant as determined necessary by the director for public convenience and necessity.
D. Nothing in this section shall be construed to require a certificate of necessity for:
1. Vehicles and persons exempt from a certificate of registration pursuant to section 36‑2217.
2. Ambulance services operating under A person granted temporary authority pursuant to section 36‑2242.
E. The director may grant a service area by one or any combination of the following descriptions:
1. Metes and bounds.
2. A city, town or political subdivision not limited to a specific date.
3. A city, town or political subdivision as of a specific date that does not include annexation.
Sec. 2. Section 36-2242, Arizona Revised Statutes, is amended to read:
36-2242. Temporary authority to operate in urgent circumstances; application; application to provide permanent service
A. If the director determines that there is an immediate and urgent need for service to one or more points or within an area lacking adequate ambulance service, the director may, at his the director's discretion and without a hearing or other proceeding, may grant an ambulance service temporary authority to provide the needed service. When available, the director shall select an existing Arizona emergency medical services provider to provide services under the temporary authority. The temporary authority is valid for the period specified by the director, not to exceed ninety one hundred eighty days, and may not be renewed three times. Before the renewal of a temporary authority to operate, the director shall provide public notice and an opportunity for public comment on the level of service and satisfaction with the emergency medical services provider that is providing services under the temporary authority.
B. An applicant for temporary authority pursuant to this section shall submit to the director a verified written statement setting forth the circumstances of the immediate and urgent need for service. The director shall prescribe a temporary schedule of rates and charges, which shall not exceed rates and charges established by the director for similar services.
C. The department may make an independent investigation to determine whether there is an immediate and urgent need for the authority requested.
D. During the period of temporary authority, a person granted temporary authority shall file an application for a certificate of necessity to conduct the service if he the person intends to continue the service after the temporary authority expires. A grant of temporary authority pursuant to this section does not create a presumption that permanent authority for the service should be granted.
Sec. 3. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.