SECTION 310:641-15-2. Certified pre-hospital emergency medical response agency

(a)   The Department may issue a certification to prehospital emergency medical response agency applicants.

(b)   No person, company, governmental entity or trust authority shall operate, advertise, or hold themselves out as providing any type of care or response above the Emergency Medical Responder level without first obtaining a certificate from the Department. The Department shall have sole discretion to approve or deny an application for an emergency medical response agency certification based on the ability of the applicant to meet the requirements of this rule.

(c)   State and Federal agencies that respond off State and Federal property are required to become certified by the Department.

(d)   Persons, companies, and governmental entities which operate on their own premises and do not provide services to the public are exempt. Entities that limit the interventions and activities of their staff members to first aid, CPR, and the use of an AED are not required to become a certified Emergency Medical Response Agency.

(e)   An application for the certification shall be submitted on forms prescribed and provided by the Department

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

(g)   The party or parties who sign the application shall be considered the owner or agent (certificate holder) and responsible for compliance of the Act and rules.

(h)   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)   if the agency operates vehicles through ownership or contract, then 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. Sections 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 certified agency shall have a medical control physician or medical director as prescribed by the Act and this Chapter and submit with the application:

(A)   a letter of agreement from the physician to provide medical direction and establish the protocols and the scope of practice provided at the service;

(B)   the physicians primary practice address or home address if the physician does not have a practice and email address,

(C)   an Oklahoma Bureau of Narcotics and Dangerous Drugs (OBNDD) registrant number;

(D)   a current Oklahoma medical license;

(E)   a curriculum vitae,

(6)   Copy(ies) 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 as authorized by the medical director 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,

(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; and

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

(9)   Provide a response plan that includes:

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

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

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

(11)   An application for an initial or new certification shall be accompanied by a non-refundable fee of fifty ($50.00) dollars.

(i)   Applications shall include a letter of support or agreement from a licensed ambulance service within the proposed emergency medical response service area that includes:

(1)   support of the application,

(2)   support of the medical control physician choice, and

(3)   plans or policies for supporting or participating in quality assurance activities.

(j)   a letter documenting support and need from the governmental authority(ies) that have jurisdiction over the proposed emergency response area. If the emergency response area encompasses multiple jurisdictions, a written endorsement shall be presented from each jurisdiction.

(k)   A description of the proposed level of service in the response area including:

(1)   a map defining the primary emergency response area including base station, substations, posts, and consistent with local or regional emergency communication plans (e.g. 911 center);

(2)   a description of the level of care to be provided and describing any variations in care within the area; and

(3)   Emergency Medical Response Agency applicants will provide documentation that reflects compliance with existing sole-source ordinances.

(l)   Pre-hospital emergency medical response agencies are prohibited from transporting patients

[Source: Amended and renumbered from 310:641-3-150 at 33 Ok Reg 1529, eff 9-11-16]