SECTION 310:641-13-2. License required

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

(1)   State and Federal agencies are exempt from this licensing requirement unless the State and Federal agency air ambulance service routinely responds to emergency requests for service off State and/or Federal property.

(2)   An application for a license to operate as an air ambulance service shall be submitted on forms prescribed and approved by the Department.

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

(4)   The party or parties who sign the application shall be considered the owner or agency (licensee) and responsible for compliance to the Act and this Chapter.

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

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

(B)   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;

(C)   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;

(D)   Proof of aircraft insurance as required within Federal regulations;

(E)   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. Sections 151 et seq. This insurance requirement shall remain in effect at all times while the service is licensed;

(F)   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;

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

(H)   copy of any contract(s) medical equipment, and/or personnel;

(I)   a copy of patient care protocols and quality assurance plan detailing the care and interventions as required by medical control physician and as prescribed by the Act and this Chapter;

(J)   the Department may require quality assurance documentation for review and shall protect the confidentiality of that information;

(K)   the quality assurance documentation shall be maintained by the agency for three (3) years;

(L)   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;

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

(M)   a written communication policy addressing:

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

(ii)   ensuring compliance with State and local EMS Communication Plans.

(N)   air ambulance specialty care license applicants 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.

(6)   Provide a response plan that includes:

(A)   providing and receiving mutual aid with all surrounding, contiguous, or overlapping air ambulance licensed service areas that provides for support when an agency is not able to meet a request for medical assistance;

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

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

(b)   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.

(c)   Air ambulance services are exempt from a duty to act requirements and continuous staffing coverage.

(d)   A business plan which includes a financial disclosure statement showing evidence of the ability to sustain the operation for at least one (1) year.

[Source: Amended and renumbered from 310:641-3-30 at 33 Ok Reg 1529, eff 9-11-16]