The Joint Administrative Procedures Committee (JAPC) is required to review administrative rules and advise agencies concerned of its findings. This charge applies to existing as well as proposed rules. JAPC notified the Bureau of Emergency Medical ...

DEPARTMENT OF HEALTH
Division of Environmental Health

RULE NO: RULE TITLE
64E-2.001: Definitions
64E-2.002: Basic Life Support Service License - Ground
64E-2.003: Advanced Life Support Service License - Ground
64E-2.030: Emergency Medical Services Grants Procedures
PURPOSE AND EFFECT: The Joint Administrative Procedures Committee (JAPC) is required to review administrative rules and advise agencies concerned of its findings. This charge applies to existing as well as proposed rules. JAPC notified the Bureau of Emergency Medical Services that the law implemented for Rule 64E-2.032, F.A.C., appeared to contravene the law implemented, Section 401.27, F.S., in certain parts. This rule was repealed and replaced with the definition of “operate”. This definition did not satisfy JAPC’s objections. The purpose of this rule revision is to provide clarification for the EMS community regarding the Certificate of Public Convenience and Necessity (COPCN) requirement for licensure and satisfy JAPC’s objections. In addition, to delete language to accommodate the distribution of grant information on the EMS website, U.S. Mail, and on the Bureau of EMS listserve. A majority of the affected EMS services have requested that grant notifications be provided either on the EMS website, U.S. mail, or the EMS listserve because they do not routinely review notices in the Florida Administrative Weekly. Notification of grant availability using the above mechanisms will reach more potential applicants than the means currently listed.
SUMMARY: The purpose of this rule revision is to delete and add language to accommodate the distribution of grant information; strike the definition of “operate”, add new definitions, renumber definitions and have them listed in alphabetical order; revise forms incorporated by rule, and add a new Rule 64E-2.0321, F.A.C., that outlines the COPCN requirement for purposes of Section 401.25(2)(d), F.S. to ensure consistency with the law implemented.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 381.0011, 395.405, 401.121, 401.265, 401.35 FS.
LAW IMPLEMENTED: 381.0011, 381.025, 395.401, 395.4015, 395.402, 395.4025, 395.403, 395.404, 395.4045, 395.405, 401.23, 401.24, 401.25, 401.26, 401.265, 401.27, 401.281, 401.30, 401.31, 401.321, 401.34, 401.35, 401.41, 401.411, 401.414, 401.421 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: July 14, 2008, 2:00 p.m. – 4:00 p.m. EST
PLACE: Florida Department of Health, Division of Emergency Medical Operations, 4025 Esplanade Way, Room 301A/B, Tallahassee, FL 32311-1747
REQUEST FOR HEARING MUST BE MADE IN WRITING, NO LATER THAN JULY 11, 2008.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 2 days before the workshop/meeting by contacting: Alexander Macy at [phone], ext. 2735. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lisa M. Walker, Government Analyst, Bureau of Emergency Medical Services, Department of Health, 4052 Bald Cypress Way, Bin C18, Tallahassee, Florida 32399-1738, [phone], ext. 2733; email [e-mail]; Fax [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

64E-2.001 Definitions.

(1) through (3) No change.

(4) “Certificate of Public Convenience and Necessity” means a written statement or document issued by the governing body of a county, granting legal permission for an applicant or licensee to operate in that county as a condition of their licensure pursuant to Section 401.25(2)(d), F.S.

(4) through (10) renumbered (5) through (11) No change.

(9) “Each county in which the applicant will operate” means each specified county that is part of the geographic area or areas to be served by the licensee, for purposes of Section 401.25(2)(d), F.S.

(10) “Geographic area or areas to be served” means each specified county, or geopolitical subdivision within a specified county or counties, to be served by the licensee. A statement of each specified county or counties that is part of the geographic area or areas to be served by the licensee shall be reflected on the application for licensure.

(12) through (15) No change.

(16) “Operate” For purposes of Section 401.25(2)(d), F.S., means performing services requiring licensure under Section 401.25(1), F.S., but does not include:

(a) Advertising the availability of services requiring licensure under Section 401.25(1), F.S., for a county in which the advertiser is a licensee;

(b) Proposing to engage in services requiring licensure under Section 401.25(1), F.S.;

(c) Interfacility transfer between two counties by a licensee possessing a Certificate of Public Convenience and Necessity from only one of the counties if the other county does not prohibit such transfer or transport;

(d) Transfer or transport by a licensee through, but not to or from, one or more counties;

(e) Transfer or transport by a licensee as part of a coordinated response to a disaster or a mass casualty incident;

(f) Transfer or transport by a licensee, after pickup of the patient not otherwise prohibited under Section 401.25(2)(d), F.S. and this rule,  to an appropriate facility; or

(g) Transfer or transport by a licensee under an agreement sanctioned by the governing bodies of the affected counties.

(17) through (26) renumbered (16) through (25) No change.

Specific Authority 381.0011(13), 395.401, 395.4025(13), 395.405, 401.121, 401.35 FS. Law Implemented 381.0011, 395.401, 395.4001, 395.4015, 395.402, 395.4025, 395.403, 395.404, 395.4045, 395.405, 401.121, 401.211, 401.23, 401.25, 401.35, 401.435 FS. History–New 11-29-82, Amended 4-26-84, 3-11-85, 11-2-86, 4-12-88, 8-3-88, 8-7-89, 6-6-90, Formerly 10D-66.485, Amended 12-10-92, 11-30-93, 10-2-94, 1-26-97, Formerly 10D-66.0485, Amended 8-4-98, 7-14-99, 2-20-00, 11-3-02, 6-9-05, 10-24-05, 4-22-07,________.

 

64E-2.002 Basic Life Support Service License – Ground.

(1) To obtain a license or renewal each applicant shall submit an application to the department on DH Form 631, July 2008 October 05, Ground Ambulance Service Provider License Application. This form is incorporated by reference and is available from the department, as defined by subsection 64E-2.001(8), F.A.C.

(2) The department shall issue a license to any applicant who:

(a) No change.

(b) Provides a statement describing the geographic area or areas to be served, specifies each county that is part of the geographic area or areas to be served, and obtains Obtained a Certificate of Public Convenience and Necessity (COPCN) from each specified county that is part of the geographic area or areas to be served by the applicant consistent with the requirements of Rule 64E-2.032, F.A.C.

Specific Authority 381.0011, 395.405, 401.121, 401.25, 401.35 FS. Law Implemented 381.0011, 395.401, 395.4015, 395.402, 395.4025, 395.403, 395.404, 395.4045, 401.23, 401.24, 401.25, 401.252, 401.26, 401.27, 401.281, 401.30, 401.31, 401.321, 401.34, 401.35, 401.41, 401.411, 401.414, 401.421 FS. History–New 11-29-82, Amended 4-26-84, 3-11-85, Formerly 10D-66.49, Amended 4-12-88, 8-3-88, 12-10-92, 10-2-94, 1-26-97, Formerly 10D-66.049, Amended 8-4-98, 1-3-99, 11-19-01, 12-18-06,________.

 

64E-2.003 Advanced Life Support Service License – Ground.

(1) To obtain a license or renewal each applicant shall submit an application to the department on DH Form 631, July 2008 October 05, Ground Ambulance Service Provider License Application. This form is incorporated by reference and is available from the department, as defined by subsection 64E-2001(8), F.A.C.

(2) The department shall issue a license to any applicant who:

(a) Meets the ambulance service requirements of Chapter 401, Part III, F.S., and this rule chapter, and

(b) Provides a statement describing the geographic area or areas to be served, specifies each county that is part of the geographic area or areas to be served, and obtains a Certificate of Public Convenience and Necessity (COPCN) from each specified county that is part of the geographic area or areas to be served by the applicant.

(2) through (7) renumbered (3) through (8) No change.

Specific Authority 381.0011, 395.405, 401.121, 401.265, 401.35 FS. Law Implemented 381.0011, 381.025, 395.401, 395.4015, 395.402, 395.4025, 395.403, 395.404, 395.4045, 395.405, 401.23, 401.24, 401.25, 401.26, 401.265, 401.27, 401.281, 401.30, 401.31, 401.321, 401.34, 401.35, 401.41, 401.411, 401.414, 401.421 FS. History–New 11-29-82, Amended 4-26-84, 3-11-85, Formerly 10D-66.50, Amended 4-12-88, 8-3-88, 8-7-89, 12-10-92, 11-30-93, 1-26-97. Formerly 10D-66.050, Amended 8-4-98, 1-3-99, 7-14-99, 2-20-00, 9-3-00, 4-15-01, 11-19-01, 6-3-02, 12-18-06,_________.

 

64E-2.030 Emergency Medical Services Grants Procedures.

(1) No change.

(2) The department shall advertise grant availability, at a minimum, on the Bureau of Emergency Medical Services website at http://www.fl-ems.com/grants/grants.html the Florida Administrative Weekly (FAW). The FAW notice shall establish the deadline for submission of applications. Following the review by the grant review team and approval by the State Surgeon General, the department shall publish in the FAW the date, time, and location of the posting of the grant awards.

(3) All grant award decisions shall be posted on a date and time certain at a specific location in Tallahassee, Florida. All grant award notices shall be published on the Bureau of Emergency Medical Services website at http://www.fl-ems.com/grants/grants.html www.doh.state.fl. us/ems, at the date and time established in the FAW notice as outlined in subsection (2) above.

Specific Authority 401.121 FS. Law Implemented 401.111, 401.113, 401.121 FS. History–New 6-6-90, Amended 12-10-92, 1-26-97. Formerly 10D-66.205, Amended 8-4-98, 11-3-02, 6-9-03,___________.

 

64E-2.0321 Certificate of Public Convenience and Necessity (COPCN).

(1) Any licensee is authorized to provide prehospital advanced life support services, prehospital basic life support transportation services, or basic life support or advanced life support interfacility transfer services, if such licensee has a COPCN from each specified county that is part of the geographic area or areas to be served by the licensee. However, an air ambulance service may operate in any county under the terms of a mutual aid agreement without complying with subsection (3), below, when using its rotary winged aircraft in conjunction with another licensee.

(2) If a licensee has a COPCN in a specified county, the licensee shall be authorized to provide intracounty prehospital services within that county, interfacility transfer services within that county intercounty prehospital services that either originate or terminate within that county and interfacility transfer services that either originate or terminate within that county.

(3) If the licensee has a mutual aid agreement and a COPCN enabling the provision of aid by the licensee under the conditions specified in the agreement, the licensee is authorized to provide aid under the conditions specified in the agreement.

Specific Authority 401.35 FS. Law Implemented 401.23, 401.25, 401.251, 401.252, 401.33, 401.35, 401.411, 401.414, 401.421 FS. History–New_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Bureau Chief John Bixler
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Dr. Jennifer Bencie
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 1, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 1, 2008 and February 15, 2008