Bill Amendment: FL S0742 | 2016 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Certificates of Public Convenience and Necessity for Life Support or Air Ambulance Services

Status: 2016-03-11 - Died in Rules [S0742 Detail]

Download: Florida-2016-S0742-Senate_Committee_Amendment_832144.html

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       Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 742
       
       
       
       
       
       
                                Ì832144ÄÎ832144                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Community Affairs (Hutson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 401.25, Florida Statutes, is amended to
    6  read:
    7         401.25 Licensure as a basic life support or an advanced
    8  life support service; air ambulance services.—
    9         (1) Every person, firm, corporation, association, or
   10  governmental entity owning or acting as agent for the owner of
   11  any business or service which furnishes, operates, conducts,
   12  maintains, advertises, engages in, proposes to engage in, or
   13  professes to engage in the business or service of providing
   14  prehospital or interfacility advanced life support services or
   15  basic life support transportation services must be licensed as a
   16  basic life support service or an advanced life support service,
   17  whichever is applicable, before offering such service to the
   18  public. The application for such license must be submitted to
   19  the department on forms provided for this purpose. The
   20  application must include documentation that the applicant meets
   21  the appropriate requirements for a basic life support service or
   22  an advanced life support service, whichever is applicable, as
   23  specified by rule of the department.
   24         (2) The department shall issue a license for operation to
   25  any applicant who complies with the following requirements:
   26         (a) The applicant has paid the fees required by s. 401.34.
   27         (b) The ambulances, equipment, vehicles, personnel,
   28  communications systems, staffing patterns, and services of the
   29  applicant meet the requirements of this part, including the
   30  appropriate rules for either a basic life support service or an
   31  advanced life support service, whichever is applicable.
   32         (c) The applicant has furnished evidence of adequate
   33  insurance coverage for claims arising out of injury to or death
   34  of persons and damage to the property of others resulting from
   35  any cause for which the owner of such business or service would
   36  be liable. The applicant must provide insurance in such sums and
   37  under such terms as required by the department. In lieu of such
   38  insurance, the applicant may furnish a certificate of self
   39  insurance evidencing that the applicant has established an
   40  adequate self-insurance plan to cover such risks and that the
   41  plan has been approved by the Office of Insurance Regulation of
   42  the Financial Services Commission.
   43         (d) The applicant has obtained a certificate of public
   44  convenience and necessity from each county in which the
   45  applicant will operate. In issuing the certificate of public
   46  convenience and necessity, the governing body of each county
   47  shall consider the recommendations of municipalities within its
   48  jurisdiction.
   49         (3) The department may suspend or revoke a license at any
   50  time if it determines that the licensee has failed to maintain
   51  compliance with the requirements prescribed for operating a
   52  basic or advanced life support service.
   53         (4) Each license issued in accordance with this part will
   54  expire automatically 2 years after the date of issuance.
   55         (5) The requirements for renewal of any license issued
   56  under this part are the same as the requirements for original
   57  licensure that are in effect at the time of renewal.
   58         (6)(a) By January 1, 2017, the governing body of each
   59  county shall may adopt an ordinance or amend an existing
   60  ordinance to ordinances that provide reasonable, objective
   61  standards for certificates of public convenience and necessity
   62  for basic or advanced life support services and air ambulance
   63  services. In developing the standards for certificates of public
   64  convenience and necessity, the governing body of each county
   65  must consider state guidelines, recommendations of the local or
   66  regional trauma agency created under chapter 395, and the
   67  recommendations of the municipalities within its jurisdiction,
   68  and recommendations of the independent special districts that
   69  provide fire rescue services within its jurisdiction. The
   70  ordinance shall provide a quasi-judicial process, or some other
   71  type of evidentiary process, for approval or denial of an
   72  application for a certificate. The ordinance shall also provide
   73  that applicants currently maintaining fire rescue infrastructure
   74  and providing first response in the county may appeal the
   75  county’s decision to the circuit court with jurisdiction over
   76  the county. A county that, as of January 1, 2016, has adopted an
   77  ordinance that complies with this subsection is not required to
   78  further amend the ordinance.
   79         (b) The governing body of each county may adopt an
   80  ordinance to provide reasonable, objective standards for
   81  certificates of public convenience and necessity for air
   82  ambulance services. In developing the standards, the governing
   83  body of each county must consider state guidelines,
   84  recommendations of the local or regional trauma agency created
   85  under chapter 395, recommendations of the municipalities within
   86  its jurisdiction, and recommendations of the independent special
   87  districts that provide fire rescue services within its
   88  jurisdiction.
   89         (7)(a) Each permitted basic life support ambulance not
   90  specifically exempted from this part, when transporting a person
   91  who is sick, injured, wounded, incapacitated, or helpless, must
   92  be occupied by at least two persons: one patient attendant who
   93  is a certified emergency medical technician, certified
   94  paramedic, or licensed physician; and one ambulance driver who
   95  meets the requirements of s. 401.281. This paragraph does not
   96  apply to interfacility transfers governed by s. 401.252(1).
   97         (b) Each permitted advanced life support ambulance not
   98  specifically exempted from this part, when transporting a person
   99  who is sick, injured, wounded, incapacitated, or helpless, must
  100  be occupied by at least two persons: one who is a certified
  101  paramedic or licensed physician; and one who is a certified
  102  emergency medical technician, certified paramedic, or licensed
  103  physician who also meets the requirements of s. 401.281 for
  104  drivers. The person with the highest medical certifications
  105  shall be in charge of patient care. This paragraph does not
  106  apply to interfacility transfers governed by s. 401.252(1).
  107         Section 2. This act shall take effect July 1, 2016.
  108  
  109  ================= T I T L E  A M E N D M E N T ================
  110  And the title is amended as follows:
  111         Delete everything before the enacting clause
  112  and insert:
  113                        A bill to be entitled                      
  114         An act relating to certificates of public convenience
  115         and necessity for life support or air ambulance
  116         services; amending s. 401.25, F.S.; requiring, rather
  117         than authorizing, county governing boards to adopt
  118         ordinances or amend existing ordinances that provide
  119         standards for the issuance of certificates of public
  120         convenience and necessity for basic or advanced life
  121         support services; including the recommendations of
  122         specified districts in the development of such
  123         standards; requiring counties to adopt a process for
  124         review of applications; providing an appeal process;
  125         authorizing county governing boards to adopt
  126         ordinances that provide standards for the issuance of
  127         certificates of public convenience and necessity for
  128         air ambulance services; specifying considerations for
  129         such standards; providing an effective date.