SECTION 310:641-11-2. License required

(a)   No person, company, governmental entity or trust authority shall operate, advertise, or hold themselves out as being a specialty care ambulance service without first obtaining a license to operate a specialty care ambulance service from the Department. The Department shall have sole discretion to approve or deny an application for a specialty care ambulance service license based on the ability of the applicant to meet the requirements of this rule.

(b)   State and Federal agencies that respond to specialty care transports off State and Federal property are required to become licensed by the Department.

(c)   Persons, companies, and governmental entities which operate on their own premises are exempt from this licensing requirement, unless the specialty care patient(s) is/are transported on the public streets or highways of Oklahoma or outside of their own premises.

(d)   An application to operate a specialty care ambulance service shall be submitted on forms prescribed and provided by the Department. Ground, air, stretcher aid van, and specialty care services shall each be considered a separate license.

(e)   The application shall be signed under oath by the party or parties seeking to secure the license.

(f)   The party or parties who sign the application shall be considered the owner or agent (licensee), and responsible for compliance to the Act and rules.

(g)   The application shall contain, but not be limited to the following:

(1)   a statement of ownership which shall include the name, address, telephone number, occupation and/or other business activities of all owners or agents who shall be responsible for the service.

(A)   If the owner is a partnership or corporation, a copy of incorporation documents and the name of all partner(s) or stockholder(s) with an ownership interest of five (5%) percent or more (principal), and the name and addresses of any other ambulance service in which any partner or stockholder holds an interest shall also be included.

(B)   If the owner is an entity of government, governmental trust, trust authority, or non-profit corporation, the name of each board member, or the chief administrative officer and/or chief operation officer shall be included.

(2)   Proof of vehicle insurance at least in the amount of one million dollars ($1,000,000.00) or to the amount provided for in "The Governmental Tort Claims Act", Title 51 O.S. Section 151 et seq. This insurance requirement shall remain in effect at all times while the service is licensed;

(3)   proof of professional liability insurance at least in the amount of one million dollars ($1,000,000) or to the amount provided for in "The Governmental Tort Claims Act", Title 51 O.S. Section 151 et seq. This insurance requirement shall remain in effect at all times while the service is licensed;

(4)   participation in a workers' compensation insurance program for employees who are subject to pertinent labor laws. This insurance requirement shall remain in effect at all times while the service is licensed;

(5)   each licensee shall have a medical control physician or medical director as prescribed by the Act and this Chapter;

(6)   copy of any contract(s) for vehicles, medical equipment, and/or personnel, if such exist;

(7)   a copy of patient care protocols and quality assurance plan detailing the care, interventions, and scope of practice beyond the Paramedic, as required by medical control physician and as prescribed by the Act and this Chapter.

(A)   The Department may require quality assurance documentation for review and shall protect the confidentiality of that information.

(B)   The quality assurance documentation shall be maintained by the agency for three (3) years.

(C)   The quality assurance policy shall include, but not be limited to:

(i)   policy to review refusals;

(ii)   policy to review air ambulance utilization;

(iii)   policy to review airway management;

(iv)   policy to review cardiac arrest interventions;

(v)   policy to review time sensitive medical and trauma cases;

(vi)   policy to review other selected patient care reports not specifically included;

(vii)   policy to provide internal and external feedback of findings determined through reviews, and

(viii)   documentation of the feedback will be maintained as part of the quality assurance documentation.

(8)   A written communication policy addressing:

(A)   the receiving and dispatching of emergency and non-emergency calls;

(B)   ensuring compliance with State and local EMS Communication Plans; and

(C)   applicants for this license will provide documentation that a screening process is in place to ensure a request for transport of a specialty care patient will meet the agency's capability, capacity, and licensure requirements. Documentation of the screening will be retained as part of the patient care report or call log.

(9)   Provide a response plan that includes:

(A)   providing and receiving mutual aid with all surrounding, contiguous, or overlapping licensed service areas; and

(B)   providing for and receiving disaster assistance in accordance with local and regional plans and command structures.

(10)   A confidentiality policy ensuring confidentiality of all documents and communications regarding protected patient health information.

(11)   An application for an initial or new license shall be accompanied by a non-refundable fee of six hundred ($600.00) dollars plus twenty ($20.00) dollars for each vehicle, in excess of two (2) vehicles utilized for patient transport. An additional fee of one hundred fifty ($150.00) dollars shall be included for each ambulance substation in addition to the base station.

(h)   Specialty care license applicants will provide documentation that reflects compliance with existing sole-source ordinances.

(i)   Applicants will declare in the application the type or types of specialty care and patients that will be transported by the agency. The types of specialty care and patients may include, but not be limited to:

(1)   adult, pediatric, infant, neonatal, or a combination of age types,

(2)   cardiac care, respiratory, neurological, septicemia, or other single or multi-system complications or illnesses requiring specialized treatment during the transport of the patient.

(j)   Specialty care ambulance services are exempt from the duty to act requirements and continuous staffing coverage.

(k)   A business plan which includes a financial disclosure statement showing evidence of the ability to sustain the operation for at least one (1) year is required to be submitted with the application.

[Source: Amended and renumbered from 310:641-3-41 at 33 Ok Reg 1529, eff 9-11-16]