SECTION 310:641-17-2. Stretcher van service license required

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

(b)   State and Federal agencies that respond to stretcher van 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 stretcher van passenger(s) is/are transported on the public streets or highways of Oklahoma or outside of their own premises.

(d)   An application to operate a stretcher van service shall be submitted on forms prescribed and provided by the Department.

(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 this Chapter.

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

(6)   a written communication policy addressing:

(A)   the receiving and dispatching of 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 the transport of a stretcher van passenger will meet the agency's capability, capacity, and licensure requirements. Documentation of the screening will be retained as part of the passenger care report or call log.

(7)   Provide a response plan that includes:

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

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

(8)   confidentiality policy ensuring confidentiality of all documents and communications regarding protected passenger health information;

(9)   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 passenger transport. An additional fee of one hundred fifty ($150.00) dollars shall be included for each stretcher van substation in addition to the base station.

(10)   A map or narrative description which identifies the proposed service area;

(11)   evidence that the proposed service area is an emergency medical service region, ambulance district, or county with a population in excess of five hundred thousand (500,000) people;

(12)   the defined hours of operation for the service; and

(13)   Stretcher Vans are prohibited from carrying medications other than oxygen and those other medications which are passenger supplied and administered. The passenger must have a current physician prescription and/or order for the administration of oxygen. A copy of the order shall be maintained in agency files.

(14)   A quality assurance plan or policy that includes:

(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)   Any passenger condition where the passenger entered the 911 system,

(ii)   If oxygen is continued, the physician order must be maintained with the trip report or passenger report;

(iii)   policy to review other selected passenger reports not specifically included, and

(iv)   policy to provide internal and external feedback of findings determined through reviews. Documentation of the feedback will be maintained as part of the quality assurance documentation.

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

(i)   Stretcher van services are exempt from a duty to act requirements and continuous staffing coverage.

(j)   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 310:641-3-48 at 33 Ok Reg 1529, eff 9-11-16; Amended at 37 Ok Reg 1423, eff 9-11-20]