1997 Minnesota Statutes

CHAPTER 144E. Emergency medical services regulatory board

     144E.001 Definitions. 

    Subdivision 1.    Scope.  For the purposes of sections 
 144E.001 to 144E.52, the terms defined in this section have the 
 meanings given them.  

    Subd. 2.    Ambulance.  "Ambulance" means any vehicle 
 designed or intended for and actually used in providing 
 ambulance service to ill or injured persons or expectant mothers.

    Subd. 3.    Ambulance service.  "Ambulance service" 
 means transportation and treatment which is rendered or offered 
 to be rendered preliminary to or during transportation to, from, 
 or between health care facilities for ill or injured persons or 
 expectant mothers.  The term includes all transportation 
 involving the use of a stretcher, unless the person to be 
 transported is not likely to require medical treatment during 
 the course of transport. 

    Subd. 4.    Base of operations.  "Base of operations"  
 means the address at which the physical plant housing 
 ambulances, related equipment, and personnel is located.  

    Subd. 5.    Board.  "Board" means the emergency medical 
 services regulatory board.  

    Subd. 6.    First responder.  "First responder" means an 
 individual who is registered by the board to perform, at a 
 minimum, basic emergency skills before the arrival of a licensed 
 ambulance service, and is a member of an organized service 
 recognized by a local political subdivision whose primary 
 responsibility is to respond to medical emergencies to provide 
 initial medical care before the arrival of a licensed ambulance 
 service. 

    Subd. 7.    License.  "License" means authority granted 
 by the board for the operation of an ambulance service in the 
 state of Minnesota.  

    Subd. 8.    Licensee.  "Licensee" means a natural 
 person, partnership, association, corporation, or unit of 
 government which possesses an ambulance service license.  

    Subd. 9.    Municipality.  "Municipality" means any city 
 of any class, however organized, and any town.  

    Subd. 10.    Primary service area.  "Primary service 
 area" means the geographic area that can reasonably be served by 
 an ambulance service.  

    HIST: 1997 c 199 s 1 

     144E.01 Emergency medical services regulatory board. 

    Subdivision 1.    Membership.  (a) The emergency medical 
 services regulatory board consists of the following members, all 
 of whom must work in Minnesota, except for the person listed in 
 clause (14):  

    (1) an emergency physician certified by the American board 
 of emergency physicians; 

    (2) a representative of Minnesota hospitals; 

    (3) a representative of fire chiefs; 

    (4) a full-time firefighter who serves as a first responder 
 and who is a member of a professional firefighter's union; 

    (5) a volunteer firefighter who serves as a first 
 responder; 

    (6) an attendant currently practicing on a licensed 
 ambulance service who is a paramedic or an emergency medical 
 technician; 

    (7) an ambulance director for a licensed ambulance service; 

    (8) a representative of sheriffs; 

    (9) a member of a local board of health to represent 
 community health services; 

    (10) two representatives of regional emergency medical 
 services programs, one of whom must be from the metropolitan 
 regional emergency medical services program; 

    (11) a registered nurse currently practicing in a hospital 
 emergency department; 

    (12) a pediatrician, certified by the American board of 
 pediatrics, with experience in emergency medical services; 

    (13) a family practice physician who is currently involved 
 in emergency medical services; 

    (14) a public member who resides in Minnesota and is at 
 least 65 years of age; and 

    (15) the commissioners of health and public safety or their 
 designees. 

    (b) The governor shall appoint members under paragraph (a). 
 Appointments under clauses (1) to (9) and (11) to (13) are 
 subject to the advice and consent of the senate.  In making 
 appointments under clauses (1) to (9) and (11) to (13), the 
 governor shall consider recommendations of the American college 
 of emergency physicians, the Minnesota hospital association, the 
 Minnesota and state fire chief's association, the Minnesota 
 ambulance association, the Minnesota emergency medical services 
 association, the Minnesota state sheriff's association, the 
 association of Minnesota counties, the Minnesota nurses 
 association, and the Minnesota chapter of the academy of 
 pediatrics. 

    (c) No member appointed under paragraph (a) may serve 
 consecutive terms. 

    (d) At least seven members appointed under paragraph (a) 
 must reside outside of the seven-county metropolitan area, as 
 defined in section 473.121. 

    Subd. 2.    Ex officio members.  The speaker of the 
 house of representatives and the committee on rules and 
 administration of the senate shall appoint one representative 
 and one senator to serve as ex officio, nonvoting members. 

    Subd. 3.    Chair.  The governor shall designate one of 
 the members appointed under subdivision 1 as chair of the board. 

    Subd. 4.    Compensation; terms.  Membership terms, 
 compensation, and removal of members appointed under subdivision 
 1, are governed by section 15.0575. 

    Subd. 5.    Staff.  The board shall appoint an executive 
 director who shall serve in the unclassified service and may 
 appoint other staff. 

    Subd. 6.    Duties of the board.  (a) The emergency 
 medical services regulatory board shall: 

    (1) administer and enforce the provisions of this chapter 
 and other duties as assigned to the board; 

    (2) advise applicants for state or federal emergency 
 medical services funds, review and comment on such applications, 
 and approve the use of such funds unless otherwise required by 
 federal law; 

    (3) make recommendations to the legislature on improving 
 the access, delivery, and effectiveness of the state's emergency 
 medical services delivery system; and 

    (4) establish procedures for investigating, hearing, and 
 resolving complaints against emergency medical services 
 providers.  

    (b) The emergency medical services board may prepare an 
 initial work plan, which may be updated biennially.  The work 
 plan may include provisions to: 

    (1) prepare an emergency medical services assessment which 
 addresses issues affecting the statewide delivery system; 

    (2) establish a statewide public information and education 
 system regarding emergency medical services; 

    (3) create, in conjunction with the department of public 
 safety, a statewide injury and trauma prevention program; and 

    (4) designate an annual emergency medical services 
 personnel recognition day. 

    Subd. 7.    Conflict of interest.  No member of the 
 emergency medical services board may participate or vote in 
 board proceedings in which the member has a direct conflict of 
 interest, financial or otherwise. 

    HIST: 1995 c 207 art 9 s 35; 1996 c 324 s 2 

     144E.05 General authority. 

    Subdivision 1.    Grants or gifts.  The board may accept 
 grants or gifts of money, property, or services from a person, a 
 public or private entity, or any other source for an emergency 
 medical health purpose within the scope of its statutory 
 authority. 

    Subd. 2.    Contracts.  The board may enter into 
 contractual agreements with a person or public or private entity 
 for the provision of statutorily prescribed emergency medical 
 services-related activities by the board.  The contract shall 
 specify the services to be provided and the amount and method of 
 reimbursement for the contracted services.  Funds generated in a 
 contractual agreement made pursuant to this section are 
 appropriated to the board for purposes of providing the services 
 specified in the contracts. 

    HIST: 1997 c 199 s 2 

     144E.06 Primary service areas. 

    The board shall adopt rules defining primary service areas 
 under which the board shall designate each licensed ambulance 
 service as serving a primary service area or areas. 

    HIST: 1997 c 199 s 3 

     144E.07 Summary approval. 

    Subdivision 1.    Eliminating overlap; expansion.  An 
 ambulance service may request a change in its primary service 
 area, as established under section 144E.06, to eliminate any 
 overlap in primary service areas or to expand its primary 
 service area to provide service to a contiguous, but 
 undesignated, primary service area.  An ambulance service 
 requesting a change in its primary service area must submit a 
 written application to the board on a form provided by the board 
 and must comply with the requirements of this section. 

    Subd. 2.    Retraction.  An applicant requesting to 
 retract service from a geographic area within its designated 
 primary service area must provide documentation showing that 
 another licensed ambulance service is providing or will provide 
 ambulance coverage within the proposed area of withdrawal. 

    Subd. 3.    Overlapping expansion.  An applicant 
 requesting to provide service in a geographic area that is 
 within the primary service area of another licensed ambulance 
 service or services must submit documentation from the service 
 or services whose primary service areas overlap the proposed 
 expansion area, approving the expansion and agreeing to withdraw 
 any service coverage from the proposed expanded area.  The 
 application may include documentation from the public safety 
 answering point coordinator or coordinators endorsing the 
 proposed change. 

    Subd. 4.    No primary service.  An applicant requesting 
 to provide service in a geographic area where no primary 
 ambulance service has been designated must submit documentation 
 of approval from the ambulance service or services which are 
 contiguous to the proposed expansion area.  The application may 
 include documentation from the public safety answering point 
 coordinator or coordinators endorsing the proposed change.  If a 
 licensed ambulance service provides evidence of historically 
 providing 911 ambulance coverage to the undesignated area, it is 
 not necessary to provide documentation from the contiguous 
 ambulance service or services approving the change.  At a 
 minimum, a 12-month history of primary ambulance coverage must 
 be included with the application. 

    Subd. 5.    Reporting.  The board shall report any 
 approved change to the local public safety answering point 
 coordinator. 

    HIST: 1997 c 199 s 4 

     144E.10 Ambulance service licensing. 

    Subdivision 1.    License required.  No natural person, 
 partnership, association, corporation, or unit of government may 
 operate an ambulance service within this state unless it 
 possesses a valid license to do so issued by the board.  The 
 license shall specify the base of operations, the primary 
 service area, and the type or types of ambulance service for 
 which the licensee is licensed.  The licensee shall obtain a new 
 license if it wishes to expand its primary service area, or to 
 provide a new type or types of service.  The cost of licenses 
 shall be in an amount prescribed by the board pursuant to 
 section 144E.05.  Licenses shall expire and be renewed in 
 accordance with rules adopted by the board. 

    Subd. 2.    Requirements for new licenses.  The board 
 shall not issue a license authorizing the operation of a new 
 ambulance service, provision of a new type or types of ambulance 
 service by an existing service, or an expanded primary service 
 area for an existing service unless the requirements of this 
 section and sections 144E.16 and 144E.18 are met.  

    HIST: 1997 c 199 s 5 

     144E.11 Ambulance service application procedure. 

    Subdivision 1.    Written application.  Each prospective 
 licensee and each present licensee wishing to offer a new type 
 or types of ambulance service or to expand a primary service 
 area shall make written application for a license to the board 
 on a form provided by the board.  

    Subd. 2.    Application notice.  The board shall 
 promptly send notice of the completed application to each county 
 board, community health board, governing body of a regional 
 emergency medical services system designated under section 
 144E.50, ambulance service, and municipality in the area in 
 which ambulance service would be provided by the applicant.  The 
 board shall publish the notice, at the applicant's expense, in 
 the State Register and in a newspaper in the municipality in 
 which the base of operation is or will be located, or if no 
 newspaper is published in the municipality or if the service is 
 or would be provided in more than one municipality, in a 
 newspaper published at the county seat of the county or counties 
 in which the service would be provided.  

    Subd. 3.    Comments.  Each municipality, county, 
 community health board, governing body of a regional emergency 
 medical services system, ambulance service, and other person 
 wishing to make recommendations concerning the disposition of 
 the application shall make written recommendations or comments 
 opposing the application to the board within 30 days of the 
 publication of notice of the application in the State Register. 

    Subd. 4.    Contested case exemption; procedure.  (a) If 
 no more than five written comments opposing the application have 
 been received by the board under subdivision 3, and the board 
 has determined, after considering the factors listed under 
 subdivision 6, that the proposed service or expansion of primary 
 service area is needed, the applicant shall be exempt from the 
 contested case hearing process under subdivision 5.  

    (b) An applicant exempted from a contested case hearing 
 under this subdivision shall furnish additional information, as 
 requested by the board, to support its application.  The board 
 shall approve the application and grant a license to the 
 applicant within 30 days after final submission of requested 
 information to the board, and upon a determination by the board 
 that the applicant is in compliance with the rules adopted by 
 the board and with the inspection requirements of section 
 144E.18. 

    (c) If an applicant does not comply with the inspection 
 requirements under section 144E.18 within one year of the 
 board's approval of its application, the license shall be 
 denied.  The one-year time limit applies to any licensing 
 decision made by the board or to any prior licensing decision 
 made by the commissioner of health or an administrative law 
 judge.  

    (d) If, after considering the factors under subdivision 6, 
 the board determines that the proposed service or expansion of 
 primary service area is not needed, the case shall be treated as 
 a contested case under subdivision 5, paragraphs (c) to (g). 

    Subd. 5.    Contested case; procedure.  (a) If more than 
 five written comments opposing the application are received by 
 the board as specified under subdivision 3, the board shall give 
 the applicant the option of immediately proceeding to a 
 contested case hearing or trying to resolve the objections 
 within 30 days.  

    (b) If, after considering the factors under subdivision 6, 
 the board determines that the proposed service or expansion of 
 primary service area is not needed, the board shall give the 
 applicant the option of immediately proceeding to a contested 
 case hearing or using up to 30 days to satisfy the board that 
 the proposed service or expansion of primary service area is 
 needed.  

    (c) The board shall request that the chief administrative 
 law judge appoint an administrative law judge to hold a public 
 hearing in the municipality in which the applicant's base of 
 operation is or will be located: 

    (1) if more than five opposing comments remain after 30 
 days; 

    (2) if, after considering the factors under subdivision 6, 
 the board determines that the proposed service or expansion of 
 primary service area is not needed after 30 days; or 

    (3) at the applicant's initial request. 

    (d) If the applicant's base of operation is located outside 
 of Minnesota, the hearing shall be held at a location within the 
 area in which service would be provided in Minnesota.  The 
 public hearing shall be conducted as a contested case hearing 
 under chapter 14.  The board shall pay the expenses for the 
 hearing location and the administrative law judge. 

    (e) The board shall provide notice of the public hearing, 
 at the applicant's expense, in the State Register and in the 
 newspaper or newspapers in which the notice was published under 
 subdivision 2 for two successive weeks at least ten days before 
 the date of the hearing. 

    (f) The administrative law judge shall:  

    (1) hold a public hearing as specified in paragraphs (c) 
 and (d); 

    (2) allow any interested person the opportunity to be 
 heard, to be represented by counsel, and to present oral and 
 written evidence at the public hearing; and 

    (3) provide a transcript of the hearing at the expense of 
 any individual requesting it. 

    (g) The administrative law judge shall review and comment 
 upon the application and make written recommendations as to its 
 disposition to the board within 90 days of publication of notice 
 of the hearing in the State Register.  In making the 
 recommendations, the administrative law judge shall consider and 
 make written comments as to whether the proposed service or 
 expansion in primary service area is needed, based on 
 consideration of the factors specified in subdivision 6.  

    Subd. 6.    Review criteria.  When reviewing an 
 application for licensure, the board and administrative law 
 judge shall consider the following factors: 

    (1) the relationship of the proposed service or expansion 
 in primary service area to the current community health plan as 
 approved by the commissioner of health under section 145A.12, 
 subdivision 4; 

    (2) the recommendations or comments of the governing bodies 
 of the counties, municipalities, and regional emergency medical 
 services system designated under section 144E.50 in which the 
 service would be provided; 

    (3) the deleterious effects on the public health from 
 duplication, if any, of ambulance services that would result 
 from granting the license; 

    (4) the estimated effect of the proposed service or 
 expansion in primary service area on the public health; and 

    (5) whether any benefit accruing to the public health would 
 outweigh the costs associated with the proposed service or 
 expansion in primary service area.  The administrative law judge 
 shall recommend that the board either grant or deny a license or 
 recommend that a modified license be granted.  The reasons for 
 the recommendation shall be set forth in detail.  The 
 administrative law judge shall make the recommendations and 
 reasons available to any individual requesting them.  

    Subd. 7.    Licensing decision.  After receiving the 
 administrative law judge's report, the board shall approve or 
 deny the application and grant the license within 60 days if the 
 application is approved, and upon determination by the board, 
 that the applicant is in compliance with the rules adopted by 
 the board and with the inspection requirements of section 
 144E.18.  In approving or denying an application, the board 
 shall consider the administrative law judge's report, the 
 evidence contained in the application, and any hearing record 
 and other applicable evidence.  The board's decision shall be 
 based on a consideration of the factors contained in subdivision 
 6.  If the board determines to grant the applicant a license, 
 the applicant must comply with the inspection requirements under 
 144E.18 within one year of the board's approval of the 
 application or the license will be denied.  This one-year time 
 limit applies to any licensing decision by the board or to any 
 prior licensing decision made by the commissioner of health or 
 an administrative law judge.  

    Subd. 8.    Final decision.  The board's decision made 
 under subdivision 7 shall be the final administrative decision.  
 Any person aggrieved by the board's decision or action shall be 
 entitled to judicial review in the manner provided in sections 
 14.63 to 14.69. 

    HIST: 1997 c 199 s 6 

     144E.12 Licensure of air ambulance services. 

    Except for submission of a written application to the board 
 on a form provided by the board, an application to provide air 
 ambulance service shall be exempt from the provisions of section 
 144E.11.  A license issued pursuant to this section need not 
 designate a primary service area.  No license shall be issued 
 under this section unless the board determines that the 
 applicant complies with sections 144E.10, 144E.11, subdivision 
 1, 144E.16, and 144E.18 and the requirements of applicable 
 federal and state statutes and rules governing aviation 
 operations within the state. 

    HIST: 1997 c 199 s 7 

     144E.13 Temporary license. 

    The board may issue a temporary license when a primary 
 service area would be deprived of ambulance service.  The 
 temporary license shall expire when an applicant has been issued 
 a regular license under this section.  The temporary license 
 shall be valid no more than six months from date of issuance.  A 
 temporary licensee must provide evidence that the licensee will 
 meet the requirements of section 144E.16 and the rules adopted 
 under this chapter.  

    HIST: 1997 c 199 s 8 

     144E.14 Transfer of license or ownership. 

    A license, or the ownership of a licensed ambulance 
 service, may be transferred only upon approval of the board, 
 based upon a finding that the proposed licensee or proposed new 
 owner of a licensed ambulance service meets or will meet the 
 requirements of section 144E.16.  If the proposed transfer would 
 result in an addition of a new base of operations, expansion of 
 the service's primary service area, or provision of a new type 
 or types of ambulance service, the board shall require the 
 prospective licensee or owner to comply with section 144E.11.  
 The board may approve the license or ownership transfer prior to 
 completion of the application process described in section 
 144E.11 upon obtaining written assurances from the proposed 
 licensee or proposed new owner that no expansion of the 
 service's primary service area or provision of a new type or 
 types of ambulance service will occur during the processing of 
 the application.  If requesting a transfer of its base of 
 operations, an applicant must comply with the requirements of 
 section 144E.15.  

    HIST: 1997 c 199 s 9 

     144E.15 Relocation of base of operations. 

    To relocate the base of operations to another municipality 
 or township within its primary service area, a licensee must 
 provide written notification to the board prior to relocating.  
 The board shall review the proposal to determine if relocation 
 would adversely affect service coverage within the primary 
 service area.  The applicant must furnish any additional 
 information requested by the board to support its proposed 
 transfer.  If the board does not approve the relocation 
 proposal, the licensee must comply with the application 
 requirements for a new license under section 144E.11. 

    HIST: 1997 c 199 s 10 

     144E.16 Ambulance service requirements. 

    Subdivision 1.    Drivers and attendants.  No publicly 
 or privately owned basic ambulance service shall be operated in 
 the state unless its drivers and attendants possess a current 
 emergency care course certificate authorized by rules adopted by 
 the board according to chapter 14.  Until August 1, 1997, a 
 licensee may substitute a person currently certified by the 
 American Red Cross in advanced first aid and emergency care or a 
 person who has successfully completed the United States 
 Department of Transportation first responder curriculum, and who 
 has also been trained to use basic life support equipment as 
 required by rules adopted by the board under subdivision 4 for 
 one of the persons on a basic ambulance, provided that person 
 will function as the driver while transporting a patient.  The 
 board may grant a variance to allow a licensed ambulance service 
 to use attendants certified by the American Red Cross in 
 advanced first aid and emergency care and, until August 1, 1997, 
 to use attendants who have successfully completed the United 
 States Department of Transportation first responder curriculum, 
 and who have been trained to use basic life support equipment as 
 required by rules adopted by the board under subdivision 4, in 
 order to ensure 24-hour emergency ambulance coverage. 

    Subd. 2.    Equipment and staff.  (a) Every ambulance 
 offering ambulance service shall be equipped as required by the 
 board and carry at least the minimal equipment necessary for the 
 type of service to be provided as determined by standards 
 adopted by the board pursuant to subdivision 3. 

    (b) Each ambulance service shall offer service 24 hours per 
 day every day of the year, unless otherwise authorized by the 
 board.  

    (c) Each ambulance while transporting a patient shall be 
 staffed by at least a driver and an attendant, according to 
 subdivision 1.  An ambulance service may substitute for the 
 attendant a physician, osteopath, registered nurse, or 
 physician's assistant who is qualified by training to use 
 appropriate equipment in the ambulance.  Advanced life support 
 procedures including, but not limited to, intravenous fluid 
 administration, drug administration, endotracheal intubation, 
 cardioversion, defibrillation, and intravenous access may be 
 performed by the physician, osteopath, registered nurse, or 
 physician's assistant who has appropriate training and 
 authorization, and who provides all of the equipment and 
 supplies not normally carried on basic ambulances. 

    Subd. 3.    Denial of service prohibited.  An ambulance 
 service shall not deny emergency ambulance service to any person 
 needing emergency ambulance service because of inability to pay 
 or due to source of payment for services if the need develops 
 within the licensee's primary service area.  Transport for the 
 patient may be limited to the closest appropriate emergency 
 medical facility.  

    Subd. 4.    Types of services to be regulated.  (a) The 
 board may adopt rules needed to regulate ambulance services in 
 the following areas: 

    (1) applications for licensure; 

    (2) personnel qualifications and staffing standards; 

    (3) quality of life support treatment; 

    (4) restricted treatments and procedures; 

    (5) equipment standards; 

    (6) ambulance standards; 

    (7) communication standards, equipment performance and 
 maintenance, and radio frequency assignments; 

    (8) advertising; 

    (9) scheduled ambulance services; 

    (10) ambulance services in time of disaster; 

    (11) basic, intermediate, advanced, and refresher emergency 
 care course programs; 

    (12) continuing education requirements; 

    (13) trip reports; 

    (14) license fees, vehicle fees, and expiration dates; and 

    (15) waivers and variances. 

    (b) These rules shall apply to the following types of 
 ambulance service: 

    (1) basic ambulance service that provides a level of care 
 to ensure that life-threatening situations and potentially 
 serious injuries can be recognized, patients will be protected 
 from additional hazards, basic treatment to reduce the 
 seriousness of emergency situations will be administered, and 
 patients will be transported to an appropriate medical facility 
 for treatment; 

    (2) intermediate ambulance service that provides (i) basic 
 ambulance service, and (ii) intravenous infusions or 
 defibrillation or both; 

    (3) advanced ambulance service that provides (i) basic 
 ambulance service, and (ii) advanced airway management, 
 defibrillation, and administration of intravenous fluids and 
 pharmaceuticals.  Vehicles of advanced ambulance service 
 licensees not equipped or staffed at the advanced ambulance 
 service level shall not be identified to the public as capable 
 of providing advanced ambulance service; 

    (4) specialized ambulance service that provides basic, 
 intermediate, or advanced service as designated by the board, 
 and is restricted by the board to (i) less than 24 hours of 
 every day, (ii) designated segments of the population, or (iii) 
 certain types of medical conditions; and 

    (5) air ambulance service, that includes fixed-wing and 
 helicopter, and is specialized ambulance service. 

    Until rules are promulgated, the current provisions of 
 Minnesota Rules shall govern these services. 

    Subd. 5.    Local government's powers.  (a) Local units 
 of government may, with the approval of the board, establish 
 standards for ambulance services which impose additional 
 requirements upon such services.  Local units of government 
 intending to impose additional requirements shall consider 
 whether any benefit accruing to the public health would outweigh 
 the costs associated with the additional requirements. 

    (b) Local units of government that desire to impose 
 additional requirements shall, prior to adoption of relevant 
 ordinances, rules, or regulations, furnish the board with a copy 
 of the proposed ordinances, rules, or regulations, along with 
 information that affirmatively substantiates that the proposed 
 ordinances, rules, or regulations:  

    (1) will in no way conflict with the relevant rules of the 
 board; 

    (2) will establish additional requirements tending to 
 protect the public health; 

    (3) will not diminish public access to ambulance services 
 of acceptable quality; and 

    (4) will not interfere with the orderly development of 
 regional systems of emergency medical care. 

    (c) The board shall base any decision to approve or 
 disapprove local standards upon whether or not the local unit of 
 government in question has affirmatively substantiated that the 
 proposed ordinances, rules, or regulations meet the criteria 
 specified in paragraph (b). 

    Subd. 6.    Drivers.  An ambulance service vehicle shall 
 be staffed by a driver possessing a current Minnesota driver's 
 license or equivalent and whose driving privileges are not under 
 suspension or revocation by any state.  If red lights and siren 
 are used, the driver must also have completed training approved 
 by the board in emergency driving techniques.  An ambulance 
 transporting patients must be staffed by at least two persons 
 who are trained according to subdivision 1 or section 144E.25, 
 one of whom may be the driver.  A third person serving as driver 
 shall be trained according to this subdivision. 

    HIST: 1997 c 199 s 11 

     144E.17 Reports. 

    Subdivision 1.    Reporting of information.  Operators 
 of ambulance services licensed pursuant to sections 144E.001 to 
 144E.16 shall report information about ambulance service to the 
 board as the board may require.  The reports shall be classified 
 as "private data on individuals" under the Minnesota Government 
 Data Practices Act, chapter 13.  

    Subd. 2.    Failure to report.  Failure to report all 
 information required by the board shall constitute grounds for 
 licensure revocation. 

    HIST: 1974 c 300 s 1; 1977 c 305 s 45; 1979 c 316 s 6; 1987 c 
 209 s 39; 1989 c 134 s 8; 1995 c 207 art 9 s 13; 1997 c 199 s 14 

     144E.18 Inspections. 

    The board may inspect ambulance services as frequently as 
 deemed necessary.  These inspections shall be for the purpose of 
 determining whether the ambulance and equipment is clean and in 
 proper working order and whether the operator is in compliance 
 with sections 144E.001 to 144E.16 and any rules that the board 
 adopts related to sections 144E.001 to 144E.16. 

    HIST: 1977 c 37 s 6; 1977 c 305 s 45; 1979 c 316 s 7; 1989 c 
 134 s 9; 1995 c 207 art 9 s 14; 1997 c 199 s 14 

     144E.25 Renewal of basic emergency care course 
  certificate; fee. 

    Subdivision 1.    Standards for recertification.  The 
 board shall adopt rules establishing minimum standards for 
 expiration and recertification of basic emergency care course 
 certificates.  These standards shall require:  

    (1) four years after initial certification, and every four 
 years thereafter, formal classroom training and successful 
 completion of a written test and practical examination, both of 
 which must be approved by the board; and 

    (2) two years after initial certification, and every four 
 years thereafter, in-service continuing education, including 
 knowledge and skill proficiency testing, all of which must be 
 conducted under the supervision of a medical director or medical 
 advisor and approved by the board.  

    Course requirements under clause (1) shall not exceed 24 
 hours.  Course requirements under clause (2) shall not exceed 36 
 hours, of which at least 12 hours may consist of course material 
 developed by the medical director or medical advisor.  

    Individuals may choose to complete, two years after initial 
 certification, and every two years thereafter, formal classroom 
 training and successful completion of a written test and 
 practical examination, both of which are approved by the board, 
 in lieu of completing requirements in clauses (1) and (2).  

    Subd. 2.    Upgrading to basic emergency care course 
 certificate.  The board shall adopt rules authorizing the 
 equivalence of the following as credit toward successful 
 completion of the board's basic emergency care course:  

    (1) successful completion of the United States Department 
 of Transportation first responder curriculum; 

    (2) a minimum of two years of documented continuous service 
 as an ambulance driver, as authorized in section 144E.16, 
 subdivision 6; 

    (3) documented clinical experience obtained through work or 
 volunteer activity as a first responder; and 

    (4) documented continuing education in emergency care.  

    Subd. 3.    Limitation on fees.  No fee set by the board 
 for biennial renewal of a basic emergency care course 
 certificate by a volunteer member of an ambulance service, fire 
 department, or police department shall exceed $2.  

    HIST: 1977 c 37 s 7; 1977 c 305 s 45; 1979 c 316 s 8; 1987 c 
 209 s 39; 1989 c 134 s 10; 1990 c 568 art 2 s 13; 1995 c 207 art 
 9 s 15; 1997 c 199 s 14 

     144E.27 First responder registration. 

    Subdivision 1.    Training programs.  Curriculum for 
 initial and refresher training programs must meet the current 
 standards of the United States Department of Transportation 
 first responder curriculum or its equivalent as determined by 
 the board.  

    Subd. 2.    Registration.  The board shall register the 
 following persons as first responders: 

    (1) a person who successfully completes a board-approved 
 initial or refresher first responder training program.  
 Registration under this clause is valid for two years and 
 expires at the end of the month in which the registration was 
 issued; or 

    (2) a person who is credentialed as a first responder by 
 the National Registry of Emergency Medical Technicians.  
 Registration under this clause expires the same day as the 
 National Registry credential.  

    Subd. 3.    Renewal.  (a) The board may renew the 
 registration of a first responder who: 

    (1) successfully completes a board-approved refresher 
 course; and 

    (2) submits a completed renewal application to the board 
 before the registration expiration date.  

    (b) The board may renew the lapsed registration of a first 
 responder who: 

    (1) successfully completes a board-approved refresher 
 course; and 

    (2) submits a completed renewal application to the board 
 within 12 months after the registration expiration date.  

    Subd. 4.    Expiration.  A first responder registration 
 issued by the board or the commissioner of health before August 
 1, 1997, expires in 1999 at the end of the month in which it was 
 issued. 

    HIST: 1997 c 199 s 13 

     144E.30 Penalties; disciplinary action. 

    Subdivision 1.    Suspension; revocation; nonrenewal.  
 The board may initiate a contested case hearing upon reasonable 
 notice to suspend, revoke, refuse to renew, or place conditions 
 on the license of a licensee upon finding that the licensee has 
 violated a provision of this chapter or rules adopted under this 
 chapter, or has ceased to provide the service for which the 
 licensee is licensed.  The board may initiate a contested case 
 hearing upon reasonable notice to suspend, revoke, refuse to 
 renew, or place conditions on the credential of a person 
 credentialed by the board upon finding that the person 
 credentialed by the board has violated sections 144E.06 to 
 144E.30 or rules adopted thereunder.  The board may also 
 initiate a contested case hearing upon reasonable notice to 
 suspend, revoke, refuse to renew, or place conditions on a 
 training program approved by the board upon finding that the 
 training program has violated sections 144E.06 to 144E.30, or 
 rules adopted thereunder.  

    Subd. 2.    Temporary suspension.  (a) In addition to 
 any other remedy provided by law, the board may temporarily 
 suspend the license of a licensee, credential of a person, or 
 approval of a training program after conducting a preliminary 
 inquiry to determine if the board believes that the licensee, 
 person, or training program has violated a statute or rule that 
 the board is empowered to enforce and that the continued 
 provision of service by the licensee, person, or training 
 program would create an imminent risk to public health or harm 
 to others. 

    (b) The order prohibiting the licensee, person credentialed 
 by the board, or training program approved by the board from 
 providing ambulance service, medical care, or training shall 
 give notice of the right to a hearing pursuant to this 
 subdivision and shall state the reasons for the entry of the 
 order. 

    (c) Service of the order is effective when the order is 
 served on the licensee, person credentialed by the board, or 
 representative of the training program personally or by 
 certified mail, which is complete upon receipt, refusal, or 
 return for nondelivery to the most recent address provided to 
 the board for the licensee, person, or training program. 

    (d) At the time the board issues a temporary suspension 
 order, the board shall schedule a hearing to be held before a 
 group of its members designated by the board which shall begin 
 no later than 60 days after issuance of the temporary suspension 
 order or within 15 working days of the date of the board's 
 receipt of a request for hearing by a licensee, person 
 credentialed by the board, or training program approved by the 
 board on the sole issue of whether there is a reasonable basis 
 to continue, modify, or lift the temporary suspension.  This 
 hearing is not subject to chapter 14.  Evidence presented by the 
 board, licensee, person credentialed by the board, or training 
 program approved by the board must be in the form of an 
 affidavit.  The licensee, the person credentialed by the board, 
 a representative of the training program, or a counsel of record 
 may appear for oral argument. 

    (e) Within five working days of the hearing, the board 
 shall issue its order and, if the suspension is continued, 
 schedule a contested case hearing within 30 days of the issuance 
 of the order.  The administrative law judge shall issue a report 
 and recommendation within 30 days after the closing of the 
 contested case hearing record.  The board shall issue a final 
 order within 30 days after receipt of the administrative law 
 judge's report. 

    Subd. 3.    Cooperation during investigation.  A 
 licensee, person credentialed by the board, training program 
 approved by the board, or agent of one who is the subject of an 
 investigation or who is questioned in connection with an 
 investigation by or on behalf of the board shall cooperate fully 
 with the investigation.  Cooperation includes responding fully 
 and promptly to any question raised by or on behalf of the board 
 relating to the subject of the investigation, executing all 
 releases requested by the board, providing copies of ambulance 
 service records, as reasonably requested by the board to assist 
 it in its investigation, and appearing at conferences or 
 hearings scheduled by the board.  The board shall pay reasonable 
 costs for copies requested. 

    Subd. 4.    Injunctive relief.  In addition to any other 
 remedy provided by law, the board may bring an action for 
 injunctive relief in the district court in Hennepin county or, 
 at the board's discretion, in the district court in the county 
 in which a violation of any statute, rule, or order that the 
 board is empowered to enforce or issue, has occurred, to enjoin 
 the violation. 

    Subd. 5.    Subpoena power.  The board may, as part of 
 an investigation to determine whether a serious public health 
 threat exists, issue subpoenas to require the attendance and 
 testimony of witnesses and production of books, records, 
 correspondence, and other information relevant to any matter 
 involved in the investigation.  The board or the board's 
 designee may administer oaths to witnesses or take their 
 affirmation.  The subpoenas may be served upon any person named 
 therein anywhere in the state by any person authorized to serve 
 subpoenas or other processes in civil actions of the district 
 courts.  If a person to whom a subpoena is issued does not 
 comply with the subpoena, the board may apply to the district 
 court in any district and the court shall order the person to 
 comply with the subpoena.  Failure to obey the order of the 
 court may be punished by the court as contempt of court.  No 
 person may be compelled to disclose privileged information as 
 described in section 595.02, subdivision 1.  All information 
 pertaining to individual medical records obtained under this 
 section shall be considered health data under section 13.38.  
 All other information is considered public data unless otherwise 
 protected under the Minnesota Data Practices Act or other 
 specific law.  The fees for the service of a subpoena must be 
 paid in the same manner as prescribed by law for service of 
 process used out of a district court.  Subpoenaed witnesses must 
 receive the same fees and mileage as in civil actions. 

    Subd. 6.    Penalties.  Any person who violates a 
 provision of sections 144E.06 to 144E.30 is guilty of a 
 misdemeanor.  The board may issue fines to ensure compliance 
 with sections 144E.06 to 144E.30 and rules adopted thereunder.  
 The board shall adopt rules to implement a schedule of fines. 

    HIST: 1997 c 199 s 12 

     144E.35 Reimbursement to nonprofit ambulance services. 

    Subdivision 1.    Repayment for volunteer training.  Any 
 political subdivision, or nonprofit hospital or nonprofit 
 corporation operating a licensed ambulance service shall be 
 reimbursed by the board for the necessary expense of the initial 
 training of a volunteer ambulance attendant upon successful 
 completion by the attendant of a basic emergency care course, or 
 a continuing education course for basic emergency care, or both, 
 which has been approved by the board, pursuant to section 
 144E.16.  Reimbursement may include tuition, transportation, 
 food, lodging, hourly payment for the time spent in the training 
 course, and other necessary expenditures, except that in no 
 instance shall a volunteer ambulance attendant be reimbursed 
 more than $450 for successful completion of a basic course, and 
 $225 for successful completion of a continuing education course. 

    Subd. 2.    Volunteer attendant defined.  For purposes 
 of this section, "volunteer ambulance attendant" means a person 
 who provides emergency medical services for a Minnesota licensed 
 ambulance service without the expectation of remuneration and 
 who does not depend in any way upon the provision of these 
 services for the person's livelihood.  An individual may be 
 considered a volunteer ambulance attendant even though that 
 individual receives an hourly stipend for each hour of actual 
 service provided, except for hours on standby alert, even though 
 this hourly stipend is regarded as taxable income for purposes 
 of state or federal law, provided that this hourly stipend does 
 not exceed $3,000 within one year of the final certification 
 examination.  Reimbursement will be paid under provisions of 
 this section when documentation is provided the board that the 
 individual has served for one year from the date of the final 
 certification exam as an active member of a Minnesota licensed 
 ambulance service.  

    HIST: 1977 c 305 s 45; 1977 c 427 s 1; 1979 c 316 s 9; 1986 c 
 444; 1987 c 209 s 39; 1989 c 134 s 11; 1990 c 568 art 2 s 14; 
 1Sp1993 c 1 art 9 s 23; 1995 c 207 art 9 s 16; 1997 c 199 s 14 

     144E.40 Ambulance service personnel longevity award and 
  incentive program. 

    Subdivision 1.    Establishment.  An ambulance service 
 personnel longevity award and incentive program is established.  
 The program is intended to recognize the service rendered to 
 state and local government and the citizens of Minnesota by 
 qualified ambulance service personnel, and to reward qualified 
 ambulance service personnel for significant contributions to 
 state and local government and to the public.  The purpose of 
 the ambulance service personnel longevity award and incentive 
 trust is to accumulate resources to allow for the payment of 
 longevity awards to qualified ambulance service personnel upon 
 the completion of a substantial ambulance service career. 

    Subd. 2.    Administration.  (a) Unless paragraph (c) 
 applies, consistent with the responsibilities of the state board 
 of investment and the various ambulance services, the ambulance 
 service personnel longevity award and incentive program must be 
 administered by the emergency medical services regulatory 
 board.  The administrative responsibilities of the board for the 
 program relate solely to the record keeping, award application, 
 and award payment functions.  The state board of investment is 
 responsible for the investment of the ambulance service 
 personnel longevity award and incentive trust.  The applicable 
 ambulance service is responsible for determining, consistent 
 with this chapter, who is a qualified ambulance service person, 
 what constitutes a year of credited ambulance service, what 
 constitutes sufficient documentation of a year of prior service, 
 and for submission of all necessary data to the board in a 
 manner consistent with this chapter.  Determinations of an 
 ambulance service are final. 

    (b) The board may administer its assigned responsibilities 
 regarding the program directly or may retain a qualified 
 governmental or nongovernmental plan administrator under 
 contract to administer those responsibilities regarding the 
 program.  A contract with a qualified plan administrator must be 
 the result of an open competitive bidding process and must be 
 reopened for competitive bidding at least once during every 
 five-year period after July 1, 1993. 

    (c) The commissioner of employee relations shall review the 
 options within state government for the most appropriate 
 administration of pension plans or similar arrangements for 
 emergency service personnel and recommend to the governor the 
 most appropriate future pension plan or nonpension plan 
 administrative arrangement for this chapter.  If the governor 
 concurs in the recommendation, the governor shall transfer the 
 future administrative responsibilities relating to this chapter 
 to that administrative agency. 

    HIST: 1Sp1993 c 1 art 9 s 54; 1995 c 207 art 9 s 23; 1997 c 
 199 s 14 

     144E.41 Program eligibility; qualified ambulance service 
  personnel. 

    (a) Persons eligible to participate in the ambulance 
 service personnel longevity award and incentive program are 
 qualified ambulance service personnel. 

    (b) Qualified ambulance service personnel are ambulance 
 attendants, ambulance drivers, and ambulance service medical 
 directors or medical advisors who meet the following 
 requirements: 

    (1) employment of the person by or provision by the person 
 of service to an ambulance service that is licensed as such by 
 the state of Minnesota and that provides ambulance services that 
 are generally available to the public and are free of unfair 
 discriminatory practices under chapter 363; 

    (2) performance by the person during the 12 months ending 
 as of the immediately previous June 30 of all or a predominant 
 portion of the person's services in the state of Minnesota or on 
 behalf of Minnesota residents, as verified by August 1 annually 
 in an affidavit from the chief administrative officer of the 
 ambulance service; 

    (3) current certification of the person during the 12 
 months ending as of the immediately previous June 30 by the 
 Minnesota department of health as an ambulance attendant, 
 ambulance driver, or ambulance service medical director or 
 medical advisor under section 144E.16, and supporting rules, and 
 current active ambulance service employment or service provision 
 status of the person, as verified by August 1 annually in an 
 affidavit from the chief administrative officer of the ambulance 
 service; and 

    (4) conformance by the person with the definition of the 
 phrase "volunteer ambulance attendant" under section 144E.35, 
 subdivision 2, except that for the salary limit specified in 
 that provision there must be substituted, for purposes of this 
 section only, a limit of $3,000 for calendar year 1993, and 
 $3,000 multiplied by the cumulative percentage increase in the 
 national Consumer Price Index, all items, for urban wage earners 
 and clerical workers, as published by the federal Department of 
 Labor, Bureau of Labor Statistics, since December 31, 1993, and 
 for an ambulance service medical director, conformance based 
 solely on the person's hourly stipends or salary for service as 
 a medical director.  

    (c) The term "active ambulance service employment or 
 service provision status" means being in good standing with and 
 on the active roster of the ambulance service making the 
 certification. 

    (d) The maximum period of ambulance service employment or 
 service provision for which a person may receive credit towards 
 an award under this chapter, including prior service credit 
 under section 144E.45, subdivision 2, paragraph (c), is 20 years.

    (e) For a person who is employed by or provides service to 
 more than one ambulance service concurrently during any period 
 during the 12-month period, credit towards an award under this 
 chapter is limited to one ambulance service during any period.  
 The creditable period is with the ambulance service for which 
 the person undertakes the greatest portion of employment or 
 service hours. 

    HIST: 1Sp1993 c 1 art 9 s 55; 1997 c 199 s 14 

     144E.42 Ambulance service personnel longevity award and 
  incentive trust; trust account. 

    Subdivision 1.    Trust.  There is established an 
 ambulance service personnel longevity award and incentive trust. 

    Subd. 2.    Trust account.  (a) There is established in 
 the general fund an ambulance service personnel longevity award 
 and incentive trust account and an ambulance service personnel 
 longevity award and incentive suspense account.  

    (b) The trust account must be credited with:  

    (1) general fund appropriations for that purpose; 

    (2) transfers from the ambulance service personnel 
 longevity award and incentive suspense account; and 

    (3) investment earnings on those accumulated proceeds.  The 
 assets and income of the trust account must be held and managed 
 by the commissioner of finance and the state board of investment 
 for the benefit of the state of Minnesota and its general 
 creditors. 

    (c) The suspense account must be credited with transfers 
 from the excess police state-aid holding account established in 
 section 69.021, subdivision 11, any per-year-of-service 
 allocation under section 144E.45, subdivision 2, paragraph (c), 
 that was not made for an individual, and investment earnings on 
 those accumulated proceeds.  The suspense account must be 
 managed by the commissioner of finance and the state board of 
 investment.  From the suspense account to the trust account 
 there must be transferred to the ambulance service personnel 
 longevity award and incentive trust account, as the suspense 
 account balance permits, the following amounts: 

    (1) an amount equal to any general fund appropriation to 
 the ambulance service personnel longevity award and incentive 
 trust account for that fiscal year; and 

    (2) an amount equal to the percentage of the remaining 
 balance in the account after the deduction of the amount under 
 clause (1), as specified for the applicable fiscal year: 

           Fiscal year            Percentage  

             1995                    20  

             1996                    40 

             1997                    50 

             1998                    60 

             1999                    70 

             2000                    80 

             2001                    90 

             2002 and thereafter    100 

    Subd. 3.    Priority of claims.  The state of Minnesota 
 intends that this program, trust, and trust account not 
 constitute a separate fund for any legal purpose, including the 
 federal Internal Revenue Code, as amended, and the federal 
 Employee Retirement Income Security Act of 1974, as amended.  
 Qualified ambulance service personnel have only an unsecured 
 promise of the state of Minnesota to pay a longevity award upon 
 meeting entitlement requirements set forth in section 144E.46, 
 and qualified ambulance service personnel meeting those 
 entitlement requirements have the status of general unsecured 
 creditors with respect to an ambulance service personnel 
 longevity award, if and when awarded. 

    HIST: 1Sp1993 c 1 art 9 s 56; 1994 c 632 art 3 s 50; 1996 c 
 390 s 31; 1997 c 199 s 14 

     144E.43 Distributions from account. 

    Subdivision 1.    Award payments.  (a) The emergency 
 medical services regulatory board or the board's designee under 
 section 144E.40, subdivision 2, shall pay ambulance service 
 personnel longevity awards to qualified ambulance service 
 personnel determined to be entitled to an award under section 
 144E.46 by the board based on the submissions by the various 
 ambulance services. Amounts necessary to pay the ambulance 
 service personnel longevity award are appropriated from the 
 ambulance service personnel longevity award and incentive trust 
 account to the board.  

    (b) If the state of Minnesota is unable to meet its 
 financial obligations as they become due, the commissioner of 
 health shall undertake all necessary steps to discontinue paying 
 ambulance service personnel longevity awards until the state of 
 Minnesota is again able to meet its financial obligations as 
 they become due. 

    Subd. 2.    General creditors of the state.  The trust 
 account is at all times subject to a levy under an execution of 
 any general creditor of the state of Minnesota, and if no other 
 funds are available to satisfy that levy, the levy has priority 
 for payment from the trust account before any ambulance service 
 personnel longevity award. 

    HIST: 1Sp1993 c 1 art 9 s 57; 1995 c 207 art 9 s 24; 1997 c 
 199 s 14 

     144E.44 Trust account investment. 

    The trust account must be invested by the state board of 
 investment in nonretirement funds established under the 
 provisions of section 11A.14.  The trust account must be 
 invested in investment accounts so that the asset allocation is 
 similar to the asset allocation of the income share account of 
 the Minnesota supplemental investment fund, as governed by 
 section 11A.17. 

    HIST: 1Sp1993 c 1 art 9 s 58; 1996 c 438 art 5 s 1; 1997 c 199 
 s 14 

     144E.45 Crediting qualified ambulance personnel service. 

    Subdivision 1.    Separate recordkeeping.  The board or 
 the board's designee under section 144E.40, subdivision 2, shall 
 maintain a separate record of potential award accumulations for 
 each qualified ambulance service person under subdivision 2. 

    Subd. 2.    Potential allocations.  (a) On November 1, 
 annually, the board or the board's designee under section 
 144E.40, subdivision 2, shall determine the amount of the 
 allocation of the prior year's accumulation to each qualified 
 ambulance service person.  The prior year's net investment gain 
 or loss under paragraph (b) must be allocated and that year's 
 general fund appropriation, plus any transfer from the suspense 
 account under section 144E.42, subdivision 2, and after 
 deduction of administrative expenses, also must be allocated.  

    (b) The difference in the market value of the assets of the 
 ambulance service personnel longevity award and incentive trust 
 account as of the immediately previous June 30 and the June 30 
 occurring 12 months earlier must be reported on or before August 
 15 by the state board of investment.  The market value gain or 
 loss must be expressed as a percentage of the total potential 
 award accumulations as of the immediately previous June 30, and 
 that positive or negative percentage must be applied to increase 
 or decrease the recorded potential award accumulation of each 
 qualified ambulance service person. 

    (c) The appropriation for this purpose, after deduction of 
 administrative expenses, must be divided by the total number of 
 additional ambulance service personnel years of service 
 recognized since the last allocation or 1,000 years of service, 
 whichever is greater.  If the allocation is based on the 1,000 
 years of service, any allocation not made for a qualified 
 ambulance service person must be credited to the suspense 
 account under section 144E.42, subdivision 2.  A qualified 
 ambulance service person must be credited with a year of service 
 if the person is certified by the chief administrative officer 
 of the ambulance service as having rendered active ambulance 
 service during the 12 months ending as of the immediately 
 previous June 30.  If the person has rendered prior active 
 ambulance service, the person must be additionally credited with 
 one-fifth of a year of service for each year of active ambulance 
 service rendered before June 30, 1993, but not to exceed in any 
 year one additional year of service or to exceed in total five 
 years of prior service.  Prior active ambulance service means 
 employment by or the provision of service to a licensed 
 ambulance service before June 30, 1993, as determined by the 
 person's current ambulance service based on records provided by 
 the person that were contemporaneous to the service.  The prior 
 ambulance service must be reported on or before August 1 to the 
 board in an affidavit from the chief administrative officer of 
 the ambulance service. 

    HIST: 1Sp1993 c 1 art 9 s 59; 1994 c 632 art 3 s 51; 1995 c 
 207 art 9 s 25; 1996 c 438 art 5 s 2; 1997 c 199 s 14 

     144E.46 Ambulance service personnel longevity award. 

    (a) A qualified ambulance service person who has terminated 
 active ambulance service, who has at least five years of 
 credited ambulance service, who is at least 50 years old, and 
 who is among the 400 persons with the greatest amount of 
 credited ambulance service applying for a longevity award during 
 that year, is entitled, upon application, to an ambulance 
 service personnel longevity award.  An applicant whose 
 application is not approved because of the limit on the number 
 of annual awards may apply in a subsequent year. 

    (b) If a qualified ambulance service person who meets the 
 age and service requirements specified in paragraph (a) dies 
 before applying for a longevity award, the estate of the 
 decedent is entitled, upon application, to the decedent's 
 ambulance service personnel longevity award, without reference 
 to the limit on the number of annual awards. 

    (c) An ambulance service personnel longevity award is the 
 total amount of the person's accumulations indicated in the 
 person's separate record under section 144E.45 as of November 1 
 in the calendar year in which application is made.  The amount 
 is payable only in a lump sum. 

    (d) Applications for an ambulance service personnel 
 longevity award must be received by the board or the board's 
 designee under section 144E.40, subdivision 2, by October 1, 
 annually.  Ambulance service personnel longevity awards are 
 payable only as of the last business day in December annually. 

    HIST: 1Sp1993 c 1 art 9 s 60; 1995 c 207 art 9 s 26; 1996 c 
 438 art 5 s 3; 1997 c 199 s 14 

     144E.47 Effect of changes. 

    Subdivision 1.    Modifications.  The ambulance service 
 personnel longevity award and incentive program is a gratuity 
 established by the state of Minnesota and may be modified by 
 subsequent legislative enactment at any time without creating 
 any cause of action for any ambulance service personnel related 
 to the program as a result.  No provision of Laws 1993, First 
 Special Session chapter 1, and no subsequent amendment may be 
 interpreted as causing or resulting in the program to be funded 
 for federal Internal Revenue Code or federal Employee Retirement 
 Income Security Act of 1974 purposes, or as causing or resulting 
 in any contributions to or investment income earned by the 
 ambulance service personnel longevity award and incentive trust 
 account to be subject to federal income tax to ambulance service 
 personnel or their beneficiaries before actual receipt of a 
 longevity award under section 144E.46. 

    Subd. 2.    Nonassignability.  No entitlement or claim 
 of a qualified ambulance service person or the person's 
 beneficiary to an ambulance service personnel longevity award is 
 assignable, or subject to garnishment, attachment, execution, 
 levy, or legal process of any kind, except as provided in 
 section 518.58, 518.581, or 518.6111.  The board may not 
 recognize any attempted transfer, assignment, or pledge of an 
 ambulance service personnel longevity award. 

    Subd. 3.    Public employee status.  Recognizing the 
 important public function performed by ambulance service 
 personnel, only for purposes of Laws 1993, First Special Session 
 chapter 1, and the receipt of a state sponsored gratuity in the 
 form of an ambulance service personnel longevity award, all 
 qualified ambulance service personnel are considered to be 
 public employees. 

    HIST: 1Sp1993 c 1 art 9 s 61; 1995 c 207 art 9 s 27; 1997 c 
 199 s 14; 1997 c 203 art 6 s 92 

     144E.48 Scope of administrative duties. 

    For purposes of administering the award and incentive 
 program, the board cannot hear appeals, direct ambulance 
 services to take any specific actions, investigate or take 
 action on individual complaints, or otherwise act on information 
 beyond that submitted by the licensed ambulance services. 

    HIST: 1Sp1993 c 1 art 9 s 62; 1995 c 207 art 9 s 28; 1997 c 
 199 s 14 

     144E.50 Emergency medical services fund. 

    Subdivision 1.    Citation.  This section is the 
 "Minnesota Emergency Medical Services System Support Act."  

    Subd. 2.    Establishment and purpose.  In order to 
 develop, maintain, and improve regional emergency medical 
 services systems, the emergency medical services regulatory 
 board shall establish an emergency medical services system 
 fund.  The fund shall be used for the general purposes of 
 promoting systematic, cost-effective delivery of emergency 
 medical care throughout the state; identifying common local, 
 regional, and state emergency medical system needs and providing 
 assistance in addressing those needs; providing discretionary 
 grants for emergency medical service projects with potential 
 regionwide significance; providing for public education about 
 emergency medical care; promoting the exchange of emergency 
 medical care information; ensuring the ongoing coordination of 
 regional emergency medical services systems; and establishing 
 and maintaining training standards to ensure consistent quality 
 of emergency medical services throughout the state.  

    Subd. 3.    Definition.  For purposes of this section, 
 "board" means the emergency medical services regulatory board. 

    Subd. 4.    Use and restrictions.  Designated regional 
 emergency medical services systems may use emergency medical 
 services system funds to support local and regional emergency 
 medical services as determined within the region, with 
 particular emphasis given to supporting and improving emergency 
 trauma and cardiac care and training.  No part of a region's 
 share of the fund may be used to directly subsidize any 
 ambulance service operations or rescue service operations or to 
 purchase any vehicles or parts of vehicles for an ambulance 
 service or a rescue service. 

    Subd. 5.    Distribution.  Money from the fund shall be 
 distributed according to this subdivision.  Ninety-three and 
 one-third percent of the fund shall be distributed annually on a 
 contract for services basis with each of the eight regional 
 emergency medical services systems designated by the board.  The 
 systems shall be governed by a body consisting of appointed 
 representatives from each of the counties in that region and 
 shall also include representatives from emergency medical 
 services organizations.  The board shall contract with a 
 regional entity only if the contract proposal satisfactorily 
 addresses proposed emergency medical services activities in the 
 following areas:  personnel training, transportation 
 coordination, public safety agency cooperation, communications 
 systems maintenance and development, public involvement, health 
 care facilities involvement, and system management.  If each of 
 the regional emergency medical services systems submits a 
 satisfactory contract proposal, then this part of the fund shall 
 be distributed evenly among the regions.  If one or more of the 
 regions does not contract for the full amount of its even share 
 or if its proposal is unsatisfactory, then the board may 
 reallocate the unused funds to the remaining regions on a pro 
 rata basis.  Six and two-thirds percent of the fund shall be 
 used by the board to support regionwide reporting systems and to 
 provide other regional administration and technical assistance. 

    HIST: 1Sp1985 c 9 art 2 s 13; 1987 c 209 s 39; 1992 c 549 art 
 5 s 14; 1995 c 207 art 9 s 17; 1996 c 324 s 1; 1997 c 199 s 14 

     144E.52 Funding for the emergency medical services 
  regions. 

    The emergency medical services regulatory board shall 
 distribute funds appropriated from the general fund equally 
 among the emergency medical service regions.  Each regional 
 board may use this money to reimburse eligible emergency medical 
 services personnel for continuing education costs related to 
 emergency care that are personally incurred and are not 
 reimbursed from other sources.  Eligible emergency medical 
 services personnel include, but are not limited to, dispatchers, 
 emergency room physicians, emergency room nurses, first 
 responders, emergency medical technicians, and paramedics. 

    HIST: 1990 c 568 art 2 s 15; 1995 c 207 art 9 s 18; 1997 c 199 
 s 14