as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to health; modifying standards for ambulance 1.3 services; providing for certification of emergency 1.4 medical technicians; providing for certification of 1.5 medical response units; providing for emergency 1.6 medical technician instructor certification; requiring 1.7 approval of training programs; setting fees; providing 1.8 criminal and civil penalties; amending Minnesota 1.9 Statutes 1996, section 13.99, by adding a subdivision; 1.10 Minnesota Statutes 1997 Supplement, sections 13.99, 1.11 subdivision 38a; 144E.001, by adding subdivisions; 1.12 144E.16, subdivision 4; 144E.18; 144E.35, subdivision 1.13 1; 144E.41; and 145A.02, subdivision 10; proposing 1.14 coding for new law in Minnesota Statutes, chapter 1.15 144E; repealing Minnesota Statutes 1997 Supplement, 1.16 sections 144E.16, subdivisions 1, 2, 3, and 6; 1.17 144E.17; 144E.25; and 144E.30, subdivisions 1, 2, and 1.18 6; Minnesota Rules, parts 4690.0100, subparts 4, 13, 1.19 15, 19, 20, 21, 22, 23, 24, 26, 27, 28, and 29; 1.20 4690.0300; 4690.0400; 4690.0500; 4690.0600; 4690.0700; 1.21 4690.0800, subparts 1, 2, and 3; 4690.0900; 4690.1000; 1.22 4690.1100; 4690.1200; 4690.1300; 4690.1600; 4690.1700; 1.23 4690.2100; 4690.2200; 4690.2300; 4690.2400; 4690.2500; 1.24 4690.2900; 4690.3000; 4690.3100; 4690.3600; 4690.3700; 1.25 4690.3900; 4690.4000; 4690.4100; 4690.4200; 4690.4300; 1.26 4690.4400; 4690.4500; 4690.4600; 4690.4700; 4690.4800; 1.27 4690.4900; 4690.5000; 4690.5100; 4690.5200; 4690.5300; 1.28 4690.5400; 4690.5500; 4690.5700; 4690.5800; 4690.5900; 1.29 4690.6000; 4690.6100; 4690.6200; 4690.6300; 4690.6400; 1.30 4690.6500; 4690.6600; 4690.6700; 4690.6800; 4690.7000; 1.31 4690.7100; 4690.7200; 4690.7300; 4690.7400; 4690.7500; 1.32 4690.7600; 4690.7700; 4690.7800; 4690.8300, subparts 1.33 1, 2, 3, 4, and 5; and 4735.5000. 1.34 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.35 Section 1. Minnesota Statutes 1997 Supplement, section 1.36 13.99, subdivision 38a, is amended to read: 1.37 Subd. 38a. [AMBULANCE SERVICE DATA.] Data required to be 1.38 reported by ambulance services under section144E.17,1.39subdivision 1,144E.123 are classified under that section. 2.1 Sec. 2. Minnesota Statutes 1996, section 13.99, is amended 2.2 by adding a subdivision to read: 2.3 Subd. 39b. [EMT MISCONDUCT.] Reports of emergency medical 2.4 technician misconduct are classified under section 144E.281, 2.5 subdivision 3. 2.6 Sec. 3. Minnesota Statutes 1997 Supplement, section 2.7 144E.001, is amended by adding a subdivision to read: 2.8 Subd. 1a. [ADVANCED AIRWAY MANAGEMENT.] "Advanced airway 2.9 management" means insertion of an endotracheal tube or creation 2.10 of a surgical airway. 2.11 Sec. 4. Minnesota Statutes 1997 Supplement, section 2.12 144E.001, is amended by adding a subdivision to read: 2.13 Subd. 1b. [ADVANCED LIFE SUPPORT.] "Advanced life support" 2.14 means rendering basic life support and rendering intravenous 2.15 therapy, drug therapy, intubation, and defibrillation as 2.16 outlined in an advanced emergency care course approved by the 2.17 board and meeting the current national paramedic curriculum of 2.18 the United States Department of Transportation. 2.19 Sec. 5. Minnesota Statutes 1997 Supplement, section 2.20 144E.001, is amended by adding a subdivision to read: 2.21 Subd. 3a. [AMBULANCE SERVICE PERSONNEL.] "Ambulance 2.22 service personnel" means EMTs, EMT-Is, or EMT-Ps certified by 2.23 the board and Minnesota licensed physicians who are authorized 2.24 by a licensed ambulance service to provide emergency care for 2.25 the ambulance service. 2.26 Sec. 6. Minnesota Statutes 1997 Supplement, section 2.27 144E.001, is amended by adding a subdivision to read: 2.28 Subd. 4a. [BASIC AIRWAY MANAGEMENT.] "Basic airway 2.29 management" means: 2.30 (1) resuscitation by mouth-to-mouth, mouth-to-mask, bag 2.31 valve mask, or oxygen powered ventilators; 2.32 (2) insertion of an oropharyngeal, nasal pharyngeal, 2.33 pharyngeal tracheo lumen esophageal obturator, or esophageal 2.34 gastric tube airway; or 2.35 (3) creation of an esophageal tracheal airway. 2.36 Sec. 7. Minnesota Statutes 1997 Supplement, section 3.1 144E.001, is amended by adding a subdivision to read: 3.2 Subd. 4b. [BASIC LIFE SUPPORT.] "Basic life support" means 3.3 rendering basic-level emergency care, including basic airway 3.4 management, cardiopulmonary resuscitation, controlling shock and 3.5 bleeding, and splinting fractures as outlined in a basic 3.6 emergency care course approved by the board and meeting the 3.7 current national curriculum of the United States Department of 3.8 Transportation. 3.9 Sec. 8. Minnesota Statutes 1997 Supplement, section 3.10 144E.001, is amended by adding a subdivision to read: 3.11 Subd. 5a. [CLINICAL TRAINING SITE.] "Clinical training 3.12 site" means a licensed health care facility or the facilities of 3.13 a licensed ambulance service. 3.14 Sec. 9. Minnesota Statutes 1997 Supplement, section 3.15 144E.001, is amended by adding a subdivision to read: 3.16 Subd. 5b. [DEFIBRILLATOR.] "Defibrillator" means an 3.17 automatic, semiautomatic, or manual device that delivers an 3.18 electric shock at a preset voltage to the myocardium through the 3.19 chest wall. It is used for restoring the normal cardiac rhythm 3.20 and rate when the heart has stopped beating or is fibrillating. 3.21 Sec. 10. Minnesota Statutes 1997 Supplement, section 3.22 144E.001, is amended by adding a subdivision to read: 3.23 Subd. 5c. [EMERGENCY MEDICAL TECHNICIAN OR EMT.] 3.24 "Emergency medical technician" or "EMT" means a person who has 3.25 successfully completed the United States Department of 3.26 Transportation emergency medical technician-basic course or its 3.27 equivalent, as approved by the board, and has been issued valid 3.28 certification by the board. 3.29 Sec. 11. Minnesota Statutes 1997 Supplement, section 3.30 144E.001, is amended by adding a subdivision to read: 3.31 Subd. 5d. [EMERGENCY MEDICAL TECHNICIAN-INTERMEDIATE OR 3.32 EMT-I.] "Emergency medical technician-intermediate" or "EMT-I" 3.33 means a person who has successfully completed the United States 3.34 Department of Transportation emergency medical 3.35 technician-intermediate course or its equivalent, as approved by 3.36 the board, and has been issued valid certification by the board. 4.1 Sec. 12. Minnesota Statutes 1997 Supplement, section 4.2 144E.001, is amended by adding a subdivision to read: 4.3 Subd. 5e. [EMERGENCY MEDICAL TECHNICIAN-PARAMEDIC OR 4.4 EMT-P.] "Emergency medical technician-paramedic" or "EMT-P" 4.5 means a person who has successfully completed the United States 4.6 Department of Transportation emergency medical technician 4.7 course-paramedic or its equivalent, as approved by the board, 4.8 and has been issued valid certification by the board. 4.9 Sec. 13. Minnesota Statutes 1997 Supplement, section 4.10 144E.001, is amended by adding a subdivision to read: 4.11 Subd. 5f. [EMERGENCY MEDICAL TECHNICIAN 4.12 INSTRUCTOR.] "Emergency medical technician instructor" means a 4.13 person who has been certified by the board to teach an EMT, 4.14 EMT-I, or EMT-P course. 4.15 Sec. 14. Minnesota Statutes 1997 Supplement, section 4.16 144E.001, is amended by adding a subdivision to read: 4.17 Subd. 8a. [MEDICAL CONTROL.] "Medical control" means 4.18 direction by a physician of out-of-hospital emergency medical 4.19 care that is provided through direct oral communication by radio 4.20 or telephone. 4.21 Sec. 15. Minnesota Statutes 1997 Supplement, section 4.22 144E.001, is amended by adding a subdivision to read: 4.23 Subd. 8b. [MEDICAL RESPONSE UNIT.] "Medical response unit" 4.24 means an organized group of persons that has been certified by 4.25 the board to provide medical care at the scene of an injury, 4.26 illness, or pregnancy in an out-of-hospital setting. A medical 4.27 response unit does not transport patients. 4.28 Sec. 16. Minnesota Statutes 1997 Supplement, section 4.29 144E.001, is amended by adding a subdivision to read: 4.30 Subd. 9a. [PREHOSPITAL CARE DATA.] "Prehospital care data" 4.31 means information collected by ambulance service personnel about 4.32 the circumstances related to an emergency response and patient 4.33 care activities provided by the ambulance service personnel in a 4.34 prehospital setting. 4.35 Sec. 17. Minnesota Statutes 1997 Supplement, section 4.36 144E.001, is amended by adding a subdivision to read: 5.1 Subd. 11. [STANDING ORDER.] "Standing order" means a type 5.2 of medical protocol that provides specific, written orders for 5.3 actions, techniques, or drug administration when communication 5.4 has not been established for direct medical control. 5.5 Sec. 18. Minnesota Statutes 1997 Supplement, section 5.6 144E.001, is amended by adding a subdivision to read: 5.7 Subd. 12. [TRAINING PROGRAM COORDINATOR.] "Training 5.8 program coordinator" means an individual who serves as the 5.9 administrator of an emergency care training program and who is 5.10 responsible for planning, conducting, and evaluating the 5.11 program; selecting students and certified instructors; 5.12 documenting and maintaining records; developing a curriculum; 5.13 and assisting in the coordination of examination sessions and 5.14 clinical training. 5.15 Sec. 19. [144E.101] [AMBULANCE SERVICE REQUIREMENTS.] 5.16 Subdivision 1. [PERSONNEL.] (a) No publicly or privately 5.17 owned ambulance service shall be operated in the state unless 5.18 its ambulance service personnel are certified, appropriate to 5.19 the type of ambulance service being provided, according to 5.20 section 144E.28 or are currently licensed as physicians under 5.21 chapter 147. 5.22 (b) An ambulance service shall have a medical director as 5.23 provided under section 144E.265. 5.24 Subd. 2. [PATIENT CARE.] When a patient is being 5.25 transported, at least one of the ambulance service personnel 5.26 must be in the patient compartment. If advanced life support 5.27 procedures are required, the ambulance service personnel with 5.28 the highest level of emergency medical service certification or 5.29 a physician shall be in the patient compartment. 5.30 Subd. 3. [CONTINUAL SERVICE.] Each ambulance service shall 5.31 offer service 24 hours per day every day of the year, unless 5.32 otherwise authorized under subdivision 8. 5.33 Subd. 4. [DENIAL OF SERVICE PROHIBITED.] An ambulance 5.34 service shall not deny prehospital care to a person needing 5.35 emergency ambulance service because of inability to pay or 5.36 because of the source of payment for services if the need 6.1 develops within the licensee's primary service area or when 6.2 responding to a mutual aid call. Transport for the patient may 6.3 be limited to the closest appropriate emergency medical facility. 6.4 Subd. 5. [TYPES OF SERVICE.] The board shall regulate the 6.5 following types of ambulance service: 6.6 (1) basic life support; 6.7 (2) advanced life support; and 6.8 (3) specialized life support. 6.9 Subd. 6. [BASIC LIFE SUPPORT.] (a) A basic life support 6.10 service shall be staffed by at least two EMTs or one EMT and one 6.11 physician and provide a level of care so as to ensure that: 6.12 (1) life-threatening situations and potentially serious 6.13 injuries are recognized; 6.14 (2) patients are protected from additional hazards; 6.15 (3) basic treatment to reduce the seriousness of emergency 6.16 situations is administered; and 6.17 (4) patients are transported to an appropriate medical 6.18 facility for treatment. 6.19 (b) A basic life support service shall provide basic airway 6.20 management. By January 1, 2000, a basic life support service 6.21 shall provide automatic defibrillation, as provided in section 6.22 144E.103, subdivision 1, paragraph (b). The licensee's medical 6.23 director may authorize the ambulance service personnel to carry 6.24 and to use medical antishock trousers and to perform intravenous 6.25 infusion if the ambulance service personnel have been properly 6.26 trained. 6.27 (c) A basic life support service may provide advanced life 6.28 support, upon approval by its medical director, when an EMT-P or 6.29 a physician is available to staff the ambulance, the ambulance 6.30 is equipped according to section 144E.103, subdivision 2, and 6.31 the requirements under subdivision 7 are met. 6.32 Subd. 7. [ADVANCED LIFE SUPPORT.] (a) An advanced life 6.33 support service shall be staffed by at least one EMT and one 6.34 EMT-P or one EMT and one physician. 6.35 (b) An advanced life support service shall provide basic 6.36 life support, as specified under subdivision 6, paragraph (b), 7.1 advanced airway management, manual defibrillation, and 7.2 administration of intravenous fluids and pharmaceuticals. 7.3 (c) In addition to providing advanced life support, an 7.4 advanced life support service may staff additional ambulances to 7.5 provide basic life support according to subdivision 6. When 7.6 routinely staffed and equipped as a basic life support service 7.7 according to subdivision 6 and section 144E.103, subdivision 1, 7.8 the vehicle shall not be marked as advanced life support. 7.9 (d) Each ambulance service providing advanced life support 7.10 shall have a written agreement with its medical director to 7.11 provide medical control for patient care by means of immediate 7.12 two-way voice communication 24 hours a day, seven days a week. 7.13 The terms of the agreement shall include a written policy on the 7.14 administration of medical control for the service. The policy 7.15 shall address the following issues: 7.16 (i) two-way communication for physician direction of 7.17 ambulance service personnel; 7.18 (ii) patient triage, treatment, and transport; 7.19 (iii) use of standing orders; and 7.20 (iv) the means by which medical control will be provided 24 7.21 hours a day. 7.22 The agreement shall be signed by the licensee's medical 7.23 director and the licensee or the licensee's designee and 7.24 maintained in the files of the licensee. 7.25 (e) When an ambulance service provides advanced life 7.26 support, the authority of the EMT-P or physician to determine 7.27 the delivery of patient care prevails over the authority of the 7.28 EMT. 7.29 Subd. 8. [SPECIALIZED LIFE SUPPORT.] A specialized life 7.30 support service shall provide basic or advanced life support as 7.31 designated by the board, and shall be restricted by the board to: 7.32 (1) operation less than 24 hours of every day; 7.33 (2) designated segments of the population; 7.34 (3) certain types of medical conditions; or 7.35 (4) air ambulance service that includes fixed-wing and 7.36 rotor-wing. 8.1 Subd. 9. [DRIVER.] A driver of an ambulance must possess a 8.2 current driver's license issued by any state and have attended 8.3 an emergency vehicle driving course approved by the licensee. 8.4 The emergency vehicle driving course must include actual driving 8.5 experience. 8.6 Subd. 10. [PERSONNEL ROSTER.] (a) Each ambulance service 8.7 shall maintain a current roster of its ambulance service 8.8 personnel, including the name, address, and qualifications of 8.9 its ambulance personnel, and files documenting personnel 8.10 qualifications. 8.11 (b) The licensee shall maintain the name and address of its 8.12 medical director and a written statement signed by the medical 8.13 director indicating acceptance of the responsibilities specified 8.14 in section 144E.265, subdivision 2, in its files. 8.15 Subd. 11. [MUTUAL AID AGREEMENT.] A licensee shall have a 8.16 written agreement with at least one neighboring licensed 8.17 ambulance service for coverage during times when the licensee's 8.18 ambulances are not available for service in its primary service 8.19 area. The agreement must specify the duties and 8.20 responsibilities of the agreeing parties. A copy of each mutual 8.21 aid agreement shall be maintained in the files of the licensee. 8.22 Subd. 12. [SERVICE OUTSIDE PRIMARY SERVICE AREA.] A 8.23 licensee may provide its services outside of its primary service 8.24 area only if requested by a transferring physician or ambulance 8.25 service licensed to provide service in the primary service area 8.26 when it can reasonably be expected that: 8.27 (1) the response is required by the immediate medical need 8.28 of an individual; and 8.29 (2) the ambulance service licensed to provide service in 8.30 the primary service area is unavailable for appropriate response. 8.31 Sec. 20. [144E.103] [EQUIPMENT.] 8.32 Subdivision 1. [GENERAL REQUIREMENTS.] (a) Every ambulance 8.33 in service for patient care, at a minimum, shall carry: 8.34 (1) oxygen; 8.35 (2) airway maintenance equipment in various sizes to 8.36 accommodate all age groups; 9.1 (3) splinting equipment in various sizes to accommodate all 9.2 age groups; 9.3 (4) dressings, bandages, and bandaging equipment; 9.4 (5) an emergency obstetric kit; 9.5 (6) equipment to determine vital signs in various sizes to 9.6 accommodate all age groups; 9.7 (7) a stretcher; 9.8 (8) a defibrillator; and 9.9 (9) a fire extinguisher. 9.10 (b) A basic life support service has until January 1, 2000, 9.11 to equip each ambulance in service for patient care with a 9.12 defibrillator. 9.13 Subd. 2. [ADVANCED LIFE SUPPORT REQUIREMENTS.] In addition 9.14 to the requirements in subdivision 1, an ambulance used in 9.15 providing advanced life support must carry drugs and drug 9.16 administration equipment and supplies as approved by the 9.17 licensee's medical director. 9.18 Subd. 3. [STORAGE.] All equipment carried in an ambulance 9.19 must be stored so that the patient and ambulance personnel are 9.20 not injured or inconvenienced in the event of a sudden stop or 9.21 movement of the ambulance during transport. 9.22 Subd. 4. [SAFETY RESTRAINTS.] An ambulance must be 9.23 equipped with restraining straps for the stretcher and seat 9.24 belts in the patient compartment for the patient and ambulance 9.25 personnel. 9.26 Sec. 21. [144E.121] [AIR AMBULANCE SERVICE REQUIREMENTS.] 9.27 Subdivision 1. [AVIATION COMPLIANCE.] An air ambulance 9.28 service must comply with the regulations of the Federal Aviation 9.29 Administration and the rules of the Minnesota department of 9.30 transportation, aeronautics division. 9.31 Subd. 2. [PERSONNEL.] (a) Air ambulance emergency medical 9.32 personnel must possess current certification, appropriate to the 9.33 type of ambulance service being provided, according to section 9.34 144E.28. 9.35 (b) The emergency medical personnel must have received 9.36 training approved by the licensee's medical director that 10.1 included instruction in the physiological changes due to 10.2 decreased atmospheric pressure, acceleration, vibration, and 10.3 changes in altitude; medical conditions requiring special 10.4 precautions; and contraindications to air transport. 10.5 (c) The medical director must sign and file a statement 10.6 with the licensee that each emergency medical personnel has 10.7 successfully completed the training under paragraph (b). 10.8 (d) The licensee shall retain documentation of compliance 10.9 with this subdivision in its files. 10.10 Subd. 3. [EQUIPMENT.] An air ambulance must carry 10.11 extrication equipment, a fire extinguisher, reflective 10.12 triangles, and any other equipment required by rules adopted 10.13 under sections 144E.001 to 144E.33. Equipment that is not 10.14 permanently stored on or in an air ambulance must be kept 10.15 separate from the air ambulance in a modular prepackaged form. 10.16 Sec. 22. [144E.123] [PREHOSPITAL CARE DATA.] 10.17 Subdivision 1. [COLLECTION AND MAINTENANCE.] A licensee 10.18 shall collect and provide prehospital care data to the board in 10.19 a manner prescribed by the board. At a minimum, the data must 10.20 include items identified by the board that are part of the 10.21 National Uniform Emergency Medical Services Data Set. A 10.22 licensee shall maintain prehospital care data for every response. 10.23 Subd. 2. [COPY TO RECEIVING HOSPITAL.] If a patient is 10.24 transported to a hospital, a copy of the ambulance report 10.25 delineating prehospital medical care given shall be provided to 10.26 the receiving hospital. 10.27 Subd. 3. [REVIEW.] Prehospital care data may be reviewed 10.28 by the board or its designees. The data shall be classified as 10.29 private data on individuals under chapter 13, the Minnesota 10.30 Government Data Practices Act. 10.31 Subd. 4. [PENALTY.] Failure to report all information 10.32 required by the board under this section shall constitute 10.33 grounds for license revocation. 10.34 Sec. 23. [144E.125] [OPERATIONAL PROCEDURES.] 10.35 A licensee shall establish and implement written procedures 10.36 for responding to ambulance service complaints, maintenance of 11.1 ambulances and equipment, procurement and storage of drugs, and 11.2 infection control. The licensee shall maintain the procedures 11.3 in its files. 11.4 Sec. 24. [144E.127] [INTERHOSPITAL TRANSFER.] 11.5 When transporting a patient from one licensed hospital to 11.6 another, a licensee may substitute for one of the ambulance 11.7 service personnel a registered nurse licensed under chapter 147 11.8 or physician's assistant registered under chapter 147A who has 11.9 been trained to use the equipment in the ambulance and is 11.10 knowledgeable of the licensee's ambulance service protocols. 11.11 Sec. 25. Minnesota Statutes 1997 Supplement, section 11.12 144E.16, subdivision 4, is amended to read: 11.13 Subd. 4. [TYPES OF SERVICES TO BE REGULATED.](a)The 11.14 board may adopt rules needed to regulate ambulance services in 11.15 the following areas: 11.16 (1) applications for licensure; 11.17 (2) personnel qualifications and staffing standards; 11.18 (3) quality of life support treatment; 11.19 (4) restricted treatments and procedures; 11.20 (5) equipment standards; 11.21 (6) ambulance standards; 11.22 (7) communication standards, equipment performance and 11.23 maintenance, and radio frequency assignments; 11.24 (8) advertising; 11.25 (9) scheduled ambulance services; 11.26 (10) ambulance services in time of disaster; 11.27 (11) basic, intermediate, advanced, and refresher emergency 11.28 care course programs; 11.29 (12) continuing education requirements; 11.30 (13) trip reports; 11.31 (14) license fees, vehicle fees, and expiration dates; and 11.32 (15) waivers and variances. 11.33(b) These rules shall apply to the following types of11.34ambulance service:11.35(1) basic ambulance service that provides a level of care11.36to ensure that life-threatening situations and potentially12.1serious injuries can be recognized, patients will be protected12.2from additional hazards, basic treatment to reduce the12.3seriousness of emergency situations will be administered, and12.4patients will be transported to an appropriate medical facility12.5for treatment;12.6(2) intermediate ambulance service that provides (i) basic12.7ambulance service, and (ii) intravenous infusions or12.8defibrillation or both;12.9(3) advanced ambulance service that provides (i) basic12.10ambulance service, and (ii) advanced airway management,12.11defibrillation, and administration of intravenous fluids and12.12pharmaceuticals. Vehicles of advanced ambulance service12.13licensees not equipped or staffed at the advanced ambulance12.14service level shall not be identified to the public as capable12.15of providing advanced ambulance service;12.16(4) specialized ambulance service that provides basic,12.17intermediate, or advanced service as designated by the board,12.18and is restricted by the board to (i) less than 24 hours of12.19every day, (ii) designated segments of the population, or (iii)12.20certain types of medical conditions; and12.21(5) air ambulance service, that includes fixed-wing and12.22helicopter, and is specialized ambulance service.12.23Until rules are promulgated, the current provisions of12.24Minnesota Rules shall govern these services.12.25 Sec. 26. Minnesota Statutes 1997 Supplement, section 12.26 144E.18, is amended to read: 12.27 144E.18 [INSPECTIONS.] 12.28 The board may inspect ambulance services as frequently as 12.29 deemed necessary to determine whether the ambulance service is 12.30 in compliance with sections 144E.001 to 144E.33 and rules 12.31 adopted under those sections.These inspections shall be for12.32the purpose of determining whether the ambulance and equipment12.33is clean and in proper working order and whether the operator is12.34in compliance with sections 144E.001 to 144E.16 and any rules12.35that the board adopts related to sections 144E.001 to12.36144E.16.The board may review at any time documentation 13.1 required to be on file with the licensee. 13.2 Sec. 27. [144E.19] [SUSPENSION; REVOCATION; NONRENEWAL.] 13.3 Subdivision 1. [CONTESTED CASE.] The board may initiate a 13.4 contested case hearing under chapter 14 upon reasonable notice 13.5 to suspend, revoke, refuse to renew, or place conditions on the 13.6 license of a licensee upon finding that the licensee has 13.7 violated a provision of this chapter or rules adopted under this 13.8 chapter, or has ceased to provide the service for which the 13.9 licensee is licensed. The board shall render a final decision 13.10 in the case according to sections 14.61 and 14.62. 13.11 Subd. 2. [NOTICE.] A licensee whose license is suspended 13.12 or revoked, has conditions placed on it, or is refused renewal 13.13 shall be notified of the decision by certified mail. The notice 13.14 shall be mailed to the address shown on the application or the 13.15 last known address of the licensee. The notice shall state the 13.16 reasons why the license was suspended or revoked, had conditions 13.17 placed on it, or was refused renewal and shall inform the 13.18 licensee of the right to a contested case hearing under chapter 13.19 14. 13.20 Subd. 3. [TEMPORARY SUSPENSION.] (a) In addition to any 13.21 other remedy provided by law, the board may temporarily suspend 13.22 the license of a licensee after conducting a preliminary inquiry 13.23 to determine if the board believes that the licensee has 13.24 violated a statute or rule that the board is empowered to 13.25 enforce and that the continued provision of service by the 13.26 licensee would create an imminent risk to public health or harm 13.27 to others. 13.28 (b) A temporary suspension order prohibiting the licensee 13.29 from providing ambulance service shall give notice of the right 13.30 to a hearing according to paragraph (d) and shall state the 13.31 reasons for the entry of the temporary suspension order. 13.32 (c) Service of a temporary suspension order is effective 13.33 when the order is served on the licensee personally or by 13.34 certified mail, which is complete upon receipt, refusal, or 13.35 return for nondelivery to the most recent address provided to 13.36 the board for the licensee. 14.1 (d) At the time the board issues a temporary suspension 14.2 order, the board shall schedule a hearing, to be held before a 14.3 group of its members designated by the board, that shall begin 14.4 within 60 days after issuance of the temporary suspension order 14.5 or within 15 working days of the date of the board's receipt of 14.6 a request for a hearing from a licensee, whichever is sooner. 14.7 The hearing shall be on the sole issue of whether there is a 14.8 reasonable basis to continue, modify, or lift the temporary 14.9 suspension. A hearing under this paragraph is not subject to 14.10 chapter 14. 14.11 (e) Evidence presented by the board or licensee shall be in 14.12 the form of an affidavit. The licensee or counsel of record may 14.13 appear for oral argument. 14.14 (f) Within five working days of the hearing, the board 14.15 shall issue its order and, if the suspension is continued, 14.16 schedule a contested case hearing under chapter 14 within 30 14.17 days of the issuance of the order. The administrative law judge 14.18 shall issue a report and recommendation within 30 days after the 14.19 closing of the contested case hearing record. The board shall 14.20 issue a final order within 30 days after receipt of the 14.21 administrative law judge's report. 14.22 Sec. 28. [144E.26] [MEDICAL RESPONSE UNIT CERTIFICATION.] 14.23 Subdivision 1. [CERTIFICATION REQUIRED.] A medical 14.24 response unit that is routinely dispatched to the scene of 14.25 medical emergencies to provide care at a level consistent with 14.26 the scope of the United States Department of Transportation 14.27 first responder or emergency medical technician curriculum must 14.28 be certified by the board. 14.29 Subd. 2. [QUALIFICATIONS.] To be certified by the board, a 14.30 medical response unit shall: 14.31 (1) submit an application form prescribed by the board; 14.32 (2) submit a letter from the municipal council or county 14.33 sheriff recognizing the medical response unit as the unit in its 14.34 geographical area designated to respond to a medical emergency; 14.35 (3) be dispatched by a public safety answering point, as 14.36 defined under section 403.02, subdivision 5, or an ambulance 15.1 service; 15.2 (4) have a medical director, as provided under section 15.3 144E.265; and 15.4 (5) submit the appropriate fee as required under section 15.5 144E.29. 15.6 Subd. 3. [EXEMPTION.] Nothing in this section prohibits 15.7 law enforcement or fire service personnel from providing medical 15.8 care at the scene of a medical emergency when responding to the 15.9 scene for a reason other than to provide medical care. 15.10 Sec. 29. [144E.265] [MEDICAL DIRECTOR.] 15.11 Subdivision 1. [REQUIREMENTS.] A medical director shall: 15.12 (1) be currently licensed as a physician in this state; 15.13 (2) have experience in, and knowledge of, emergency care of 15.14 acutely ill or traumatized patients; and 15.15 (3) be familiar with the design and operation of local, 15.16 regional, and state emergency medical service systems. 15.17 Subd. 2. [RESPONSIBILITIES.] Responsibilities of the 15.18 medical director shall include: 15.19 (1) approving standards for training and orientation of 15.20 personnel that impact patient care; 15.21 (2) approving standards for purchasing equipment and 15.22 supplies that impact patient care; 15.23 (3) establishing standing orders for prehospital care; 15.24 (4) approving triage, treatment, and transportation 15.25 protocols; 15.26 (5) participating in the development and operation of 15.27 continuous quality improvement programs including case review 15.28 and resolution of patient complaints; 15.29 (6) establishing procedures for the administration of 15.30 drugs; and 15.31 (7) maintaining the quality of care according to the 15.32 standards and procedures established under clauses (1) to (6). 15.33 Subd. 3. [ANNUAL ASSESSMENT; AMBULANCE SERVICE.] Annually, 15.34 the medical director or the medical director's designee shall 15.35 assess the practical skills of each EMT, EMT-I, and EMT-P on the 15.36 ambulance service roster and sign a statement verifying the 16.1 proficiency of each EMT, EMT-I, and EMT-P. If a licensed 16.2 physician routinely serves as a member of the ambulance service 16.3 personnel, the medical director or the medical director's 16.4 designee shall sign a statement verifying that the physician has 16.5 been trained to use the equipment on the ambulance and is 16.6 knowledgeable of the licensee's service protocols. The 16.7 statements shall be maintained in the licensee's files. 16.8 Sec. 30. [144E.267] [DISASTER EXEMPTION.] 16.9 Sections 144E.001 to 144E.33 and rules adopted under those 16.10 sections shall not apply to ambulance services during a time of 16.11 disaster, mass casualty, or other public emergency. The board 16.12 reserves the right to determine whether a disaster, mass 16.13 casualty, or other public emergency has occurred. 16.14 Sec. 31. [144E.28] [CERTIFICATION OF EMT, EMT-I, AND 16.15 EMT-P.] 16.16 Subdivision 1. [REQUIREMENTS.] To be eligible for 16.17 certification by the board as an EMT, EMT-I, or EMT-P, an 16.18 individual shall: 16.19 (1) successfully complete the United States Department of 16.20 Transportation course, or its equivalent as approved by the 16.21 board, specific to the EMT, EMT-I, or EMT-P classification; 16.22 (2) pass the written and practical examinations approved by 16.23 the board, specific to the EMT, EMT-I, or EMT-P classification; 16.24 and 16.25 (3) submit the appropriate fee as required under section 16.26 144E.29. 16.27 Subd. 2. [EXPIRATION DATES.] Certification expiration 16.28 dates are as follows: 16.29 (1) for initial certification granted between January 1 and 16.30 June 30 of an even-numbered year, the expiration date is March 16.31 31 of the next even-numbered year; 16.32 (2) for initial certification granted between July 1 and 16.33 December 31 of an even-numbered year, the expiration date is 16.34 March 31 of the second odd-numbered year; 16.35 (3) for initial certification granted between January 1 and 16.36 June 30 of an odd-numbered year, the expiration date is March 31 17.1 of the next odd-numbered year; and 17.2 (4) for initial certification granted between July 1 and 17.3 December 31 of an odd-numbered year, the expiration date is 17.4 March 31 of the second even-numbered year. 17.5 Subd. 3. [RECIPROCITY.] The board may certify an 17.6 individual who possesses a current National Registry of 17.7 Emergency Medical Technicians registration from another 17.8 jurisdiction and who meets the requirements under subdivision 1. 17.9 The board certification classification shall be the same as the 17.10 National Registry's classification. Certification shall be for 17.11 the duration of the applicant's registration period in another 17.12 jurisdiction, not to exceed two years. 17.13 Subd. 4. [DENIAL, SUSPENSION, REVOCATION.] (a) The board 17.14 may initiate a contested case hearing under chapter 14 upon 17.15 reasonable notice to deny, suspend, revoke, place conditions on, 17.16 or refuse to renew the certification of an individual who the 17.17 board determines: 17.18 (1) violates sections 144E.001 to 144E.33 or the rules 17.19 adopted under those sections; 17.20 (2) misrepresents or falsifies information on an 17.21 application form for board certification; 17.22 (3) is convicted or pleads guilty or nolo contendere to a 17.23 felony, gross misdemeanor, or misdemeanor; 17.24 (4) uses drugs or intoxicating liquors to an extent that 17.25 affects professional competence; 17.26 (5) engages in unethical conduct, including conduct likely 17.27 to deceive, defraud, or harm the public, or demonstrating a 17.28 willful or careless disregard for the health, welfare, or safety 17.29 of the public; 17.30 (6) is afflicted with a mental, emotional, or physical 17.31 disability or addiction that adversely affects the individual's 17.32 ability to provide emergency medical services; or 17.33 (7) mistreats or abandons a patient. 17.34 (b) The board shall render a final decision in the case 17.35 according to sections 14.61 and 14.62. 17.36 (c) An individual whose certification is denied, suspended, 18.1 or revoked; has conditions placed on it; or is refused renewal 18.2 shall be notified of the decision by certified mail. The notice 18.3 shall be mailed to the address shown on the application or the 18.4 last known address of the individual. The notice shall state 18.5 the reasons why the certification was denied, suspended, or 18.6 revoked; had conditions placed on it; or was refused renewal and 18.7 shall inform the individual of the right to a contested case 18.8 hearing under chapter 14. 18.9 (d) Denial, suspension, revocation, placing conditions on, 18.10 or refusal to renew the certification shall be reviewed by the 18.11 board at the request of the individual against whom the 18.12 disciplinary action was taken. 18.13 (e) Six months after the board's decision to deny, revoke, 18.14 place conditions on, or refuse renewal of an individual's 18.15 certification for disciplinary action, the individual shall have 18.16 the opportunity to apply to the board for reinstatement. 18.17 Subd. 5. [TEMPORARY SUSPENSION.] (a) In addition to any 18.18 other remedy provided by law, the board may temporarily suspend 18.19 the certification of an individual after conducting a 18.20 preliminary inquiry to determine if the board believes that the 18.21 individual has violated a statute or rule that the board is 18.22 empowered to enforce and that the continued provision of service 18.23 by the individual would create an imminent risk to public health 18.24 or harm to others. 18.25 (b) A temporary suspension order prohibiting the individual 18.26 from providing emergency medical care shall give notice of the 18.27 right to a hearing according to subdivision 4 and shall state 18.28 the reasons for the entry of the temporary suspension order. 18.29 (c) Service of a temporary suspension order is effective 18.30 when the order is served on the individual personally or by 18.31 certified mail, which is complete upon receipt, refusal, or 18.32 return for nondelivery to the most recent address provided to 18.33 the board for the individual. 18.34 (d) At the time the board issues a temporary suspension 18.35 order, the board shall schedule a hearing, to be held before a 18.36 group of its members designated by the board, that shall begin 19.1 within 60 days after issuance of the temporary suspension order 19.2 or within 15 working days of the date of the board's receipt of 19.3 a request for a hearing from the individual, whichever is 19.4 sooner. The hearing shall be on the sole issue of whether there 19.5 is a reasonable basis to continue, modify, or lift the temporary 19.6 suspension. A hearing under this paragraph is not subject to 19.7 chapter 14. 19.8 (e) Evidence presented by the board or the individual shall 19.9 be in the form of an affidavit. The individual or counsel of 19.10 record may appear for oral argument. 19.11 (f) Within five working days of the hearing, the board 19.12 shall issue its order and, if the suspension is continued, 19.13 schedule a contested case hearing under chapter 14 within 30 19.14 days of the issuance of the order. The administrative law judge 19.15 shall issue a report and recommendation within 30 days after the 19.16 closing of the contested case hearing record. The board shall 19.17 issue a final order within 30 days after receipt of the 19.18 administrative law judge's report. 19.19 Subd. 6. [RENEWAL.] (a) Prior to the expiration date but 19.20 within the current certification period, an applicant for 19.21 renewal of certification as an EMT shall: 19.22 (1) successfully complete a course in cardiopulmonary 19.23 resuscitation that is approved by the board or the licensee's 19.24 medical director; and 19.25 (2) take the United States Department of Transportation EMT 19.26 refresher course and successfully pass the practical skills test 19.27 portion of the course, or successfully complete 48 hours of 19.28 continuing education in EMT programs that is consistent with the 19.29 United States Department of Transportation National Standard 19.30 Curriculum or its equivalent as approved by the board or as 19.31 approved by the licensee's medical director. Twenty-four of the 19.32 48 hours must include at least four hours of instruction in each 19.33 of the following six categories: 19.34 (i) airway management and resuscitation procedures; 19.35 (ii) circulation, bleeding control, and shock; 19.36 (iii) human anatomy and physiology, patient assessment, and 20.1 medical emergencies; 20.2 (iv) injuries involving musculoskeletal, nervous, 20.3 digestive, and genito-urinary systems; 20.4 (v) environmental emergencies and rescue techniques; and 20.5 (vi) emergency childbirth and other special situations. 20.6 (b) Prior to the expiration date but within the current 20.7 certification period, an applicant for renewal of certification 20.8 as an EMT-I or EMT-P shall: 20.9 (1) for an EMT-I, successfully complete a course in 20.10 cardiopulmonary resuscitation that is approved by the board or 20.11 the licensee's medical director and for an EMT-P, successfully 20.12 complete a course in advanced cardiac life support that is 20.13 approved by the board or the licensee's medical director; and 20.14 (2) successfully complete 48 hours of continuing education 20.15 in emergency medical training programs, appropriate to the level 20.16 of the applicant's EMT-I or EMT-P certification, that is 20.17 consistent with the United States Department of Transportation 20.18 National Standard Curriculum or its equivalent as approved by 20.19 the board or as approved by the licensee's medical director. An 20.20 applicant may take the United States Department of 20.21 Transportation Emergency Medical Technician refresher course or 20.22 its equivalent without the written or practical test as approved 20.23 by the board, and as appropriate to the applicant's level of 20.24 certification, as part of the 48 hours of continuing education. 20.25 Each hour of the refresher course counts toward the 48-hour 20.26 continuing education requirement. 20.27 (c) Continuing education credit may be given for the 20.28 following programs that comply with the requirements of 20.29 paragraph (d): 20.30 (1) emergency medical training courses; 20.31 (2) conventions; 20.32 (3) workshops and seminars; 20.33 (4) lectures; 20.34 (5) correspondence work; and 20.35 (6) self-study. 20.36 (d) No program shall be given credit that involves 21.1 television viewing in the home, correspondence work, or 21.2 self-study unless approved by the Continuing Education 21.3 Coordinating Board for Emergency Medical Services. 21.4 (e) Certification shall be renewed every two years. 21.5 (f) If the applicant does not meet the renewal requirements 21.6 under this section, the applicant's certification shall be 21.7 immediately revoked. 21.8 Subd. 7. [REINSTATEMENT.] (a) Within four years of the 21.9 certification expiration date, a person whose certification has 21.10 been revoked under subdivision 6, paragraph (f), may have the 21.11 certification reinstated upon submission of evidence to the 21.12 board of training equivalent to the continuing education 21.13 requirements of this section and upon payment of the 21.14 certification fee. 21.15 (b) If more than four years have passed since the 21.16 certificate expiration date, the applicant must complete the 21.17 initial certification process including passing the written and 21.18 practical examinations. 21.19 Sec. 32. [144E.281] [REPORTING MISCONDUCT.] 21.20 Subdivision 1. [VOLUNTARY REPORTING.] A person who has 21.21 knowledge of any conduct constituting grounds for discipline 21.22 under section 144E.28, subdivision 4, may report the alleged 21.23 violation to the board. 21.24 Subd. 2. [MANDATORY REPORTING.] (a) A licensee or medical 21.25 response unit shall report to the board conduct by an EMT, 21.26 EMT-I, or EMT-P that it reasonably believes constitutes grounds 21.27 for disciplinary action under section 144E.28, subdivision 4. 21.28 (b) A licensee or medical response unit shall report to the 21.29 board any disciplinary action it takes to limit the scope of 21.30 practice of an EMT, EMT-I, or EMT-P including dismissal from 21.31 employment. A licensee or medical response unit shall report 21.32 the resignation of an EMT, EMT-I, or EMT-P before the conclusion 21.33 of any disciplinary proceeding or before commencement of formal 21.34 charges but after the EMT, EMT-I, or EMT-P has knowledge that 21.35 formal charges are contemplated or in preparation. The 21.36 reporting described by this paragraph is required only if the 22.1 action pertains to grounds for disciplinary action under section 22.2 144E.28, subdivision 4. 22.3 (c) A person certified by the board under section 144E.28 22.4 shall report to the board personal knowledge of conduct by an 22.5 EMT, EMT-I, or EMT-P the person reasonably believes constitutes 22.6 grounds for disciplinary action under section 144E.28, 22.7 subdivision 4. 22.8 Subd. 3. [IMMUNITY.] (a) An individual, licensee, medical 22.9 response unit, health care facility, business, or organization 22.10 is immune from civil liability or criminal prosecution for 22.11 submitting in good faith a report to the board under subdivision 22.12 1 or 2 or for otherwise reporting in good faith to the board 22.13 violations or alleged violations of sections 144E.001 to 144E.33. 22.14 Reports are classified as confidential data on individuals or 22.15 protected nonpublic data under section 13.02 while an 22.16 investigation is active. Inactive investigative data is public 22.17 data under section 13.03. 22.18 (b) Members of the board and persons employed by the board 22.19 or engaged in the investigation of violations and in the 22.20 preparation and management of charges of violations of sections 22.21 144E.001 to 144E.33 on behalf of the board or persons 22.22 participating in the investigation regarding charges of 22.23 violations are immune from civil liability and criminal 22.24 prosecution for any actions, transactions, or publications, made 22.25 in good faith, in the execution of, or relating to, their duties 22.26 under sections 144E.001 to 144E.33. 22.27 (c) For purposes of this section, a member of the board is 22.28 considered a state employee under section 3.736, subdivision 9. 22.29 Sec. 33. [144E.283] [EMT INSTRUCTOR CERTIFICATION.] 22.30 Subdivision 1. [QUALIFICATIONS.] The board shall grant 22.31 certification as an emergency medical technician instructor to 22.32 an applicant who files a completed application and furnishes 22.33 evidence satisfactory to the board that the applicant: 22.34 (1) possesses a current certification, registration, or 22.35 license as an EMT, EMT-I, EMT-P, physician, physician's 22.36 assistant, or registered nurse; 23.1 (2) has two years of active practical experience; 23.2 (3) is recommended by a medical director of a licensed 23.3 hospital or ambulance service; 23.4 (4) successfully completes the United States Department of 23.5 Transportation Emergency Medical Services Instructor Training 23.6 Program or its equivalent as approved by the board; and 23.7 (5) submits the appropriate fee as required under section 23.8 144E.29. 23.9 Subd. 2. [EXPIRATION.] Certification expires two years 23.10 from the date of the initial certification and must be renewed 23.11 every two years. 23.12 Subd. 3. [RENEWAL.] (a) An applicant shall submit an 23.13 application to the board for renewal at least three months prior 23.14 to the expiration date of the current certification and must 23.15 furnish evidence satisfactory to the board that the applicant: 23.16 (1) complies with the requirements of subdivision 1; 23.17 (2) has at least 40 hours of experience as an instructor in 23.18 an emergency medical technician course approved by the board 23.19 under section 144E.285; and 23.20 (3) has attended at least eight hours of continuing 23.21 education encompassing the course topics of the United States 23.22 Department of Transportation national standard curriculum for an 23.23 Emergency Medical Services Instructor Training Program or its 23.24 equivalent as approved by the board. 23.25 (b) An emergency medical technician instructor whose 23.26 certification is revoked for nonrenewal must obtain a new 23.27 certification by applying to the board and meeting the 23.28 requirements of subdivision 1. 23.29 Sec. 34. [144E.285] [TRAINING PROGRAMS.] 23.30 Subdivision 1. [APPROVAL REQUIRED.] (a) All training 23.31 programs for a first responder, EMT, EMT-I, or EMT-P must be 23.32 approved by the board. 23.33 (b) To be approved by the board, a training program must: 23.34 (1) submit an application prescribed by the board that 23.35 includes: 23.36 (i) type and length of course to be offered; 24.1 (ii) names, addresses, and qualifications of the program 24.2 medical director, program training coordinator, and certified 24.3 instructors; 24.4 (iii) names and addresses of clinical sites, including a 24.5 contact person and telephone number; 24.6 (iv) admission criteria for students; and 24.7 (v) materials and equipment to be used; 24.8 (2) for each course, implement the most current version of 24.9 the United States Department of Transportation curriculum or its 24.10 equivalent as determined by the board applicable to first 24.11 responder, EMT, EMT-I, or EMT-P training; 24.12 (3) have a medical director, as provided under section 24.13 144E.265, and a program coordinator; 24.14 (4) utilize instructors certified under section 144E.283 24.15 for teaching at least 50 percent of the course content. The 24.16 remaining 50 percent of the course may be taught by guest 24.17 lecturers approved by the training program coordinator or 24.18 medical director; 24.19 (5) maintain a written agreement with a licensed hospital 24.20 or licensed ambulance service designating a clinical training 24.21 site; 24.22 (6) retain documentation of program approval by the board, 24.23 course outline, and student information; and 24.24 (7) notify the board of the starting date of a course at 24.25 least two weeks prior to the beginning of a course. 24.26 Subd. 2. [EMT-P REQUIREMENTS.] (a) In addition to the 24.27 requirements under subdivision 1, paragraph (b), a training 24.28 program applying for approval to teach EMT-P curriculum must be 24.29 administered by an educational institution accredited by the 24.30 Commission of Accreditation of Allied Health Education Programs 24.31 (CAAHEP). 24.32 (b) An EMT-P training program that is administered by an 24.33 educational institution not currently accredited by CAAHEP, but 24.34 that is in the process of completing the accreditation process, 24.35 may be granted provisional approval by the board upon 24.36 verification of submission of its self-study report and the 25.1 appropriate review fee to CAAHEP. 25.2 (c) An educational institution that discontinues its 25.3 participation in the accreditation process must notify the board 25.4 immediately and provisional approval shall be withdrawn. 25.5 Subd. 3. [EXPIRATION.] Training program approval shall 25.6 expire two years from the date of approval. 25.7 Subd. 4. [REAPPROVAL.] A training program shall apply to 25.8 the board for reapproval at least three months prior to the 25.9 expiration date of its approval and must: 25.10 (1) submit an application prescribed by the board 25.11 specifying any changes from the information provided for prior 25.12 approval and any other information requested by the board to 25.13 clarify incomplete or ambiguous information presented in the 25.14 application; and 25.15 (2) comply with the requirements under subdivision 1, 25.16 paragraph (b), clauses (2) to (7). 25.17 Subd. 5. [DISCIPLINARY ACTION.] (a) The board may initiate 25.18 a contested case hearing under chapter 14 upon reasonable notice 25.19 to deny, suspend, revoke, place conditions on, or refuse to 25.20 renew approval of a training program which the board determines: 25.21 (1) violated subdivisions 1 to 4 or rules adopted under 25.22 sections 144E.001 to 144E.33; or 25.23 (2) misrepresented or falsified information on an 25.24 application form provided by the board. 25.25 (b) The board shall render a final decision in the case 25.26 according to sections 14.61 and 14.62. 25.27 (c) A training program whose approval is denied, suspended, 25.28 or revoked; has conditions placed on it; or is refused renewal 25.29 shall be notified of the decision by certified mail. The notice 25.30 shall be mailed to the address shown on the application or the 25.31 last known address of the training program. The notice must 25.32 state the reasons why the approval was denied, suspended, or 25.33 revoked; had conditions placed on it; or was refused renewal and 25.34 must inform the training program of the right to a contested 25.35 case hearing under chapter 14. 25.36 (d) Denial, suspension, revocation, placing conditions on, 26.1 or refusal to renew the approval must be reviewed by the board 26.2 at the request of the training program against which the 26.3 disciplinary action was taken. 26.4 (e) Six months after the board's decision to deny, revoke, 26.5 place conditions on, or refuse approval of a training program 26.6 for disciplinary action, the training program shall have the 26.7 opportunity to apply to the board for reapproval. 26.8 Subd. 6. [TEMPORARY SUSPENSION.] (a) In addition to any 26.9 other remedy provided by law, the board may temporarily suspend 26.10 approval of the training program after conducting a preliminary 26.11 inquiry to determine if the board believes that the training 26.12 program has violated a statute or rule that the board is 26.13 empowered to enforce and that the continued provision of service 26.14 by the training program would create an imminent risk to public 26.15 health or harm to others. 26.16 (b) A temporary suspension order prohibiting the training 26.17 program from providing emergency medical care training shall 26.18 give notice of the right to a hearing according to subdivision 5 26.19 and shall state the reasons for the entry of the temporary 26.20 suspension order. 26.21 (c) Service of a temporary suspension order is effective 26.22 when the order is served on the training program personally or 26.23 by certified mail, which is complete upon receipt, refusal, or 26.24 return for nondelivery to the most recent address provided to 26.25 the board for the training program. 26.26 (d) At the time the board issues a temporary suspension 26.27 order, the board shall schedule a hearing, to be held before a 26.28 group of its members designated by the board, that shall begin 26.29 within 60 days after issuance of the temporary suspension order 26.30 or within 15 working days of the date of the board's receipt of 26.31 a request for a hearing from the training program, whichever is 26.32 sooner. The hearing shall be on the sole issue of whether there 26.33 is a reasonable basis to continue, modify, or lift the temporary 26.34 suspension. A hearing under this paragraph is not subject to 26.35 chapter 14. 26.36 (e) Evidence presented by the board or the individual shall 27.1 be in the form of an affidavit. The training program or counsel 27.2 of record may appear for oral argument. 27.3 (f) Within five working days of the hearing, the board 27.4 shall issue its order and, if the suspension is continued, 27.5 schedule a contested case hearing under chapter 14 within 30 27.6 days of the issuance of the order. The administrative law judge 27.7 shall issue a report and recommendation within 30 days after the 27.8 closing of the contested case hearing record. The board shall 27.9 issue a final order within 30 days after receipt of the 27.10 administrative law judge's report. 27.11 Subd. 7. [AUDIT.] The board may audit training programs 27.12 approved by the board. The audit may include investigation of 27.13 complaints, course inspection, classroom observation, review of 27.14 instructor qualifications, and student interviews. 27.15 Sec. 35. [144E.29] [FEES.] 27.16 (a) The board shall charge the following fees: 27.17 (1) initial application for and renewal of an ambulance 27.18 service license, $150; 27.19 (2) each ambulance operated by a licensee, $96. The 27.20 licensee shall pay an additional $96 fee for the full licensing 27.21 period or $4 per month for any fraction of the period for each 27.22 ambulance added to the ambulance service during the licensing 27.23 period; 27.24 (3) initial application for and renewal of certification as 27.25 an EMT, EMT-I, or EMT-P, $10; 27.26 (4) initial application for and renewal of certification as 27.27 a medical response unit, $20; 27.28 (5) initial application for and renewal of certification as 27.29 an EMT instructor, $10; 27.30 (6) initial application for and renewal of approval for a 27.31 training program, $100; and 27.32 (7) duplicate of an original license, certification, or 27.33 approval, $25. 27.34 (b) With the exception of paragraph (a), clause (7), all 27.35 fees are for a two-year period. All fees are nonrefundable. 27.36 (c) Fees collected by the board shall be deposited as 28.1 nondedicated receipts in the trunk highway fund. 28.2 Sec. 36. [144E.31] [CORRECTION ORDER AND FINES.] 28.3 Subdivision 1. [CORRECTION ORDER.] (a) If the board finds 28.4 that a licensee or training program has failed to comply with an 28.5 applicable law or rule and the violation does not imminently 28.6 endanger the public health or safety, the board may issue a 28.7 correction order to the licensee or training program. 28.8 (b) The correction order shall state: 28.9 (1) the conditions that constitute a violation of the law 28.10 or rule; 28.11 (2) the specific law or rule violated; and 28.12 (3) the time allowed to correct the violation. 28.13 Subd. 2. [RECONSIDERATION.] (a) If the licensee or 28.14 training program believes that the contents of the board's 28.15 correction order are in error, the licensee or training program 28.16 may ask the board to reconsider the parts of the correction 28.17 order that are alleged to be in error. 28.18 (b) The request for reconsideration must: 28.19 (1) be in writing; 28.20 (2) be delivered by certified mail; 28.21 (3) specify the parts of the correction order that are 28.22 alleged to be in error; 28.23 (4) explain why they are in error; and 28.24 (5) include documentation to support the allegation of 28.25 error. 28.26 (c) A request for reconsideration does not stay any 28.27 provision or requirement of the correction order. The board's 28.28 disposition of a request for reconsideration is final and not 28.29 subject to appeal under chapter 14. 28.30 Subd. 3. [FINE.] (a) The board may order a fine 28.31 concurrently with the issuance of a correction order, or after 28.32 the licensee or training program has not corrected the violation 28.33 within the time specified in the correction order. 28.34 (b) A licensee or training program that is ordered to pay a 28.35 fine shall be notified of the order by certified mail. The 28.36 notice shall be mailed to the address shown on the application 29.1 or the last known address of the licensee or training program. 29.2 The notice shall state the reasons the fine was ordered and 29.3 shall inform the licensee or training program of the right to a 29.4 contested case hearing under chapter 14. 29.5 (c) A licensee or training program may appeal the order to 29.6 pay a fine by notifying the board by certified mail within 15 29.7 calendar days after receiving the order. A timely appeal shall 29.8 stay payment of the fine until the board issues a final order. 29.9 (d) A licensee or training program shall pay the fine 29.10 assessed on or before the payment date specified in the board's 29.11 order. If a licensee or training program fails to fully comply 29.12 with the order, the board shall suspend the license or cancel 29.13 approval until there is full compliance with the order. 29.14 (e) Fines shall be assessed as follows: 29.15 (1) $150 for violation of section 144E.123; 29.16 (2) $400 for violation of sections 144E.06, 144E.07, 29.17 144E.101, 144E.103, 144E.105, 144E.121, 144E.125, 144E.26, 29.18 144E.265, 144E.281, and 144E.285; 29.19 (3) $750 for violation of rules adopted under section 29.20 144E.16, subdivision 4, paragraph (a), clause (8); and 29.21 (4) $50 for violation of all other sections under this 29.22 chapter or rules adopted under this chapter that are not 29.23 specifically enumerated in clauses (1) to (3). 29.24 (f) Fines collected by the board shall be deposited as 29.25 nondedicated receipts in the trunk highway fund. 29.26 Subd. 4. [ADDITIONAL PENALTIES.] This section does not 29.27 prohibit the board from suspending, revoking, placing conditions 29.28 on, or refusing to renew the licensee's license or the training 29.29 program's approval in addition to ordering a fine. 29.30 Sec. 37. [144E.33] [PENALTY.] 29.31 Any person who violates a provision of sections 144E.001 to 29.32 144E.33 is guilty of a misdemeanor. 29.33 Sec. 38. Minnesota Statutes 1997 Supplement, section 29.34 144E.35, subdivision 1, is amended to read: 29.35 Subdivision 1. [REPAYMENT FOR VOLUNTEER TRAINING.] Any 29.36 political subdivision, or nonprofit hospital or nonprofit 30.1 corporation operating a licensed ambulance service shall be 30.2 reimbursed by the board for the necessary expense of the initial 30.3 training of a volunteer ambulance attendant upon successful 30.4 completion by the attendant of a basic emergency care course, or 30.5 a continuing educationcourseprogram for basic emergency care, 30.6 or both, which has been approved by the board, pursuant to 30.7 section 144E.16. Reimbursement may include tuition, 30.8 transportation, food, lodging, hourly payment for the time spent 30.9 in the training course or program, and other necessary 30.10 expenditures, except that in no instance shall a volunteer 30.11 ambulance attendant be reimbursed more than $450 for successful 30.12 completion of a basic course, and $225 for successful completion 30.13 of a continuing educationcourseprogram. 30.14 Sec. 39. Minnesota Statutes 1997 Supplement, section 30.15 144E.41, is amended to read: 30.16 144E.41 [PROGRAM ELIGIBILITY; QUALIFIED AMBULANCE SERVICE 30.17 PERSONNEL.] 30.18 (a) Persons eligible to participate in the ambulance 30.19 service personnel longevity award and incentive program are 30.20 qualified ambulance service personnel. 30.21 (b) Qualified ambulance service personnel areambulance30.22attendantsEMTs, EMT-Is, EMT-Ps, ambulance drivers, and 30.23 ambulance service medical directors or medical advisors who meet 30.24 the following requirements: 30.25 (1) employment of the person by or provision by the person 30.26 of service to an ambulance service that is licensed as such by 30.27 the state of Minnesota and that provides ambulance services that 30.28 are generally available to the public and are free of unfair 30.29 discriminatory practices under chapter 363; 30.30 (2) performance by the person during the 12 months ending 30.31 as of the immediately previous June 30 of all or a predominant 30.32 portion of the person's services in the state of Minnesota or on 30.33 behalf of Minnesota residents, as verified by August 1 annually 30.34 in an affidavit from the chief administrative officer of the 30.35 ambulance service; 30.36 (3) current certification of the person during the 12 31.1 months ending as of the immediately previous June 30 by the 31.2 Minnesota department of health as anambulance attendantEMT, 31.3 EMT-I, EMT-P, ambulance driver, or ambulance service medical 31.4 director or medical advisor under section144E.16144E.265 or 31.5 144E.28, and supporting rules, and current active ambulance 31.6 service employment or service provision status of the person, as 31.7 verified by August 1 annually in an affidavit from the chief 31.8 administrative officer of the ambulance service; and 31.9 (4) conformance by the person with the definition of the 31.10 phrase "volunteer ambulance attendant" under section 144E.35, 31.11 subdivision 2, except that for the salary limit specified in 31.12 that provision there must be substituted, for purposes of this 31.13 section only, a limit of $3,000 for calendar year 1993, and 31.14 $3,000 multiplied by the cumulative percentage increase in the 31.15 national Consumer Price Index, all items, for urban wage earners 31.16 and clerical workers, as published by the federal Department of 31.17 Labor, Bureau of Labor Statistics, since December 31, 1993, and 31.18 for an ambulance service medical director, conformance based 31.19 solely on the person's hourly stipends or salary for service as 31.20 a medical director. 31.21 (c) The term "active ambulance service employment or 31.22 service provision status" means being in good standing with and 31.23 on the active roster of the ambulance service making the 31.24 certification. 31.25 (d) The maximum period of ambulance service employment or 31.26 service provision for which a person may receive credit towards 31.27 an award under this chapter, including prior service credit 31.28 under section 144E.45, subdivision 2, paragraph (c), is 20 years. 31.29 (e) For a person who is employed by or provides service to 31.30 more than one ambulance service concurrently during any period 31.31 during the 12-month period, credit towards an award under this 31.32 chapter is limited to one ambulance service during any period. 31.33 The creditable period is with the ambulance service for which 31.34 the person undertakes the greatest portion of employment or 31.35 service hours. 31.36 Sec. 40. Minnesota Statutes 1997 Supplement, section 32.1 145A.02, subdivision 10, is amended to read: 32.2 Subd. 10. [EMERGENCY MEDICAL CARE.] "Emergency medical 32.3 care" means activities intended to protect the health of persons 32.4 suffering a medical emergency and to ensure rapid and effective 32.5 emergency medical treatment. These activities include the 32.6 coordination or provision of training, cooperation with public 32.7 safety agencies, communications, life-support transportationas32.8definedundersection 144E.16sections 144E.06 to 144E.267, 32.9 public information and involvement, and system management. 32.10 Sec. 41. [REVISOR'S INSTRUCTION.] 32.11 In each section of Minnesota Statutes referred to in column 32.12 A, the revisor of statutes shall delete the reference in column 32.13 B and insert the reference in column C. 32.14 Column A Column B Column C 32.15 144E.10, subd. 2 144E.16 144E.101 to 144E.127 32.16 144E.12 144E.16 144E.121 to 144E.127 32.17 144E.13 144E.16 144E.101 to 144E.127 32.18 144E.14 144E.16 144E.101 to 144E.127 32.19 144E.35, subd. 1 144E.16 144E.285 32.20 353.64, subd. 10 144E.16 144E.28 32.21 144E.30, subds. 1 144E.30 144E.33 32.22 and 6 32.23 147A.09 144E.16, subd. 2, 144E.127 32.24 para. (c) 32.25 Sec. 42. [REPEALER.] 32.26 Minnesota Statutes 1997 Supplement, sections 144E.16, 32.27 subdivisions 1, 2, 3, and 6; 144E.17; 144E.25; and 144E.30, 32.28 subdivisions 1, 2, and 6, are repealed. Minnesota Rules, parts 32.29 4690.0100, subparts 4, 13, 15, 19, 20, 21, 22, 23, 24, 26, 27, 32.30 28, and 29; 4690.0300; 4690.0400; 4690.0500; 4690.0600; 32.31 4690.0700; 4690.0800, subparts 1, 2, and 3; 4690.0900; 32.32 4690.1000; 4690.1100; 4690.1200; 4690.1300; 4690.1600; 32.33 4690.1700; 4690.2100; 4690.2200; 4690.2300; 4690.2400; 32.34 4690.2500; 4690.2900; 4690.3000; 4690.3100; 4690.3600; 32.35 4690.3700; 4690.3900; 4690.4000; 4690.4100; 4690.4200; 32.36 4690.4300; 4690.4400; 4690.4500; 4690.4600; 4690.4700; 33.1 4690.4800; 4690.4900; 4690.5000; 4690.5100; 4690.5200; 33.2 4690.5300; 4690.5400; 4690.5500; 4690.5700; 4690.5800; 33.3 4690.5900; 4690.6000; 4690.6100; 4690.6200; 4690.6300; 33.4 4690.6400; 4690.6500; 4690.6600; 4690.6700; 4690.6800; 33.5 4690.7000; 4690.7100; 4690.7200; 4690.7300; 4690.7400; 33.6 4690.7500; 4690.7600; 4690.7700; 4690.7800; 4690.8300, subparts 33.7 1, 2, 3, 4, and 5; and 4735.5000, are repealed.