House Bill No. 291

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act prohibiting the department of public health and human services from adopting a rule requiring that certain persons answer calls for voluntary ambulance services operated by a local government or a political subdivision of a local government; amending section

50-6-323, MCA; and providing an immediate effective date."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 50-6-323, MCA, is amended to read:

"50-6-323.   Powers and duties of department. (1) Except as provided in subsection (6), the The department has general authority to supervise and regulate emergency medical services in Montana.

(2)  The department shall receive and investigate complaints relating to the operation of any emergency medical service, including complaints concerning:

(a)  patient care provided by an emergency medical service;

(b)  the condition of any vehicle or aircraft used as an ambulance; or

(c)  individual performance by an emergency medical service provider.

(3)  Upon completion of an investigation as provided in subsection (2), the department shall take appropriate action, including the institution of necessary legal proceedings, as authorized under this part.

(4)  In order to carry out the provisions of this part, the department shall prescribe and enforce rules for emergency medical services. Rules of the department may include but are not limited to the following:

(a)  the classification and identification of specific types and levels of prehospital and interhospital medical transportation or treatment services;

(b)  procedures for issuing, denying, renewing, and canceling licenses;

(c)  minimum licensing standards for each type and level of service, including requirements for personnel, medical control, maintenance, equipment, reporting, recordkeeping, sanitation, and minimum insurance coverage as determined appropriate by the department; and

(d)  other requirements necessary and appropriate to assure the quality, safety, and proper operation and administration of emergency medical services.

(5)  A rule under this section is not effective until:

(a)  a public hearing has been held for review of the rule; and

(b)  notice of the public hearing and a copy of the proposed rules have been sent to all persons licensed under 50-6-306 to conduct or operate an emergency medical service. Notice must be sent at least 30 days prior to the date of the public hearing.

(6) A volunteer ambulance service operated by a local government or a political subdivision of a local government shall ensure that at least two of the following individuals are on each call:

(a) a person trained in advanced first aid;

(b) a first responder-ambulance;

(c) an EMT-basic equivalent; or

(d) a physician."

NEW SECTION. Section 2.  Effective date. [This act] is effective on passage and approval.