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| 55 | 64 | | AN ACT |
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| 59 | 68 | | Amending section 36-2212, Arizona Revised Statutes; relating to emergency medical services. |
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| 65 | 74 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 69 | 78 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 36-2212, Arizona Revised Statutes, is amended to read: START_STATUTE36-2212. Certificate of registration to operate an ambulance; termination on change in ownership; fees; exemption A. A person shall not operate an ambulance in this state unless the ambulance has a certificate of registration and complies with this article and the rules, standards and criteria adopted pursuant to this article. B. A person may obtain a certificate of registration to operate an ambulance by submitting an application on a form prescribed by the director and by demonstrating to the director's satisfaction that the applicant is in compliance with this article and all rules, standards and criteria adopted by the director for the operation of an ambulance. C. A certificate of registration issued under this section terminates upon on any change of ownership or control of the ambulance. Following any change of ownership, the new owner of an ambulance shall apply for and receive a new certificate of registration from the director before the ambulance may again be operated in this state. This subsection does not apply if an ambulance service borrows, leases, rents or otherwise obtains a registered ambulance from another ambulance service to temporarily replace an inoperable ambulance. D. The department shall issue a certificate of registration to a person who that complies with the requirements of this article and who that pays an initial registration fee. A certificate of registration is valid for one year. However, but an ambulance service may request that the department issue an initial certificate of registration that expires before the end of one year in order for the department to conduct an annual inspection of all of the ambulance service's ambulances at one time. A person may renew a certificate of registration by complying with the requirements of this article and by paying a renewal fee prescribed by the director. The fee for initial registration and registration renewal shall not exceed fifty dollars $50 for each ambulance. The department shall base these fees on an amount that approximates the per vehicle costs incurred by the department to administer this chapter. The director shall deposit, pursuant to sections 35-146 and 35-147, fees collected under this subsection in the state general fund. The department shall not charge a registration fee for an ambulance to an ambulance service that operates an ambulance or ambulances only as a volunteer not-for-profit service. E. Notwithstanding the period of time for which a certificate of registration is valid pursuant to subsection D of this section, if the department fails to schedule or perform an inspection of an ambulance within the time frame prescribed by section 36-2232, subsection A, paragraph 13, an ambulance's registration remains valid and in effect until the department completes the required inspection and the certificate of registration holder complies with the renewal process required by subsection D of this section. F. The department's failure to issue a certificate of registration or a renewal certificate of registration within the time frames established by the department by rule does not invalidate or delay the effective date of the certificate of registration. END_STATUTE Sec. 2. Legislative findings; intent A. The legislature finds that: 1. On March 11, 2020, Governor Doug Ducey issued Executive Order 2020-07, entitled "Proactive Measure to Protect Against COVID-19," in an attempt to limit the exposure and spread of the COVID-19 virus and to ease access to essential care and services. In June 2020, Cara Christ, the then-director of the department of health services, issued Administrative Order 2020-04, pursuant to which, among other things, the department of health services waived or postponed various license and registration renewal requirements for regulated entities. Administrative Order 2020-04, by its terms, remained in effect until Governor Ducey's March 11, 2020 Executive Order was terminated. 2. The department of health services recently implemented changes in software, programs and processes to notify licensees of, among other things, the need to schedule inspections and renewals for ambulance registrations. 3. As a result of the suspension of registrations pursuant to Administrative Order 2020-04 and the change in processes, systems and notifications, the registrations of a number of ambulances have lapsed for some period of time through no intentional failure or lapse by the certificate of registration holders. 4. The failure to maintain ambulance registrations may result in the forfeiture of state and federal monies otherwise due and payable to the certificate of registration holders for ambulance transportation services provided to the residents of this state. B. This legislature intends to avoid such a forfeiture by allowing certificate of registration holders to submit registration renewals for ambulances that were otherwise operating in compliance with applicable law but whose registration inadvertently lapsed. Sec. 3. Retroactivity Section 36-2212, Arizona Revised Statutes, as amended by this act, applies retroactively to from and after March 31, 2021. Sec. 4. Emergency This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law. |
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| 71 | 80 | | Be it enacted by the Legislature of the State of Arizona: |
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| 73 | 82 | | Section 1. Section 36-2212, Arizona Revised Statutes, is amended to read: |
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| 74 | 83 | | |
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| 75 | 84 | | START_STATUTE36-2212. Certificate of registration to operate an ambulance; termination on change in ownership; fees; exemption |
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| 76 | 85 | | |
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| 77 | 86 | | A. A person shall not operate an ambulance in this state unless the ambulance has a certificate of registration and complies with this article and the rules, standards and criteria adopted pursuant to this article. |
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| 78 | 87 | | |
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| 79 | 88 | | B. A person may obtain a certificate of registration to operate an ambulance by submitting an application on a form prescribed by the director and by demonstrating to the director's satisfaction that the applicant is in compliance with this article and all rules, standards and criteria adopted by the director for the operation of an ambulance. |
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| 80 | 89 | | |
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| 81 | 90 | | C. A certificate of registration issued under this section terminates upon on any change of ownership or control of the ambulance. Following any change of ownership, the new owner of an ambulance shall apply for and receive a new certificate of registration from the director before the ambulance may again be operated in this state. This subsection does not apply if an ambulance service borrows, leases, rents or otherwise obtains a registered ambulance from another ambulance service to temporarily replace an inoperable ambulance. |
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| 82 | 91 | | |
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| 83 | 92 | | D. The department shall issue a certificate of registration to a person who that complies with the requirements of this article and who that pays an initial registration fee. A certificate of registration is valid for one year. However, but an ambulance service may request that the department issue an initial certificate of registration that expires before the end of one year in order for the department to conduct an annual inspection of all of the ambulance service's ambulances at one time. A person may renew a certificate of registration by complying with the requirements of this article and by paying a renewal fee prescribed by the director. The fee for initial registration and registration renewal shall not exceed fifty dollars $50 for each ambulance. The department shall base these fees on an amount that approximates the per vehicle costs incurred by the department to administer this chapter. The director shall deposit, pursuant to sections 35-146 and 35-147, fees collected under this subsection in the state general fund. The department shall not charge a registration fee for an ambulance to an ambulance service that operates an ambulance or ambulances only as a volunteer not-for-profit service. |
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| 84 | 93 | | |
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| 85 | 94 | | E. Notwithstanding the period of time for which a certificate of registration is valid pursuant to subsection D of this section, if the department fails to schedule or perform an inspection of an ambulance within the time frame prescribed by section 36-2232, subsection A, paragraph 13, an ambulance's registration remains valid and in effect until the department completes the required inspection and the certificate of registration holder complies with the renewal process required by subsection D of this section. |
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| 86 | 95 | | |
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| 87 | 96 | | F. The department's failure to issue a certificate of registration or a renewal certificate of registration within the time frames established by the department by rule does not invalidate or delay the effective date of the certificate of registration. END_STATUTE |
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| 88 | 97 | | |
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| 89 | 98 | | Sec. 2. Legislative findings; intent |
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| 90 | 99 | | |
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| 91 | 100 | | A. The legislature finds that: |
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| 92 | 101 | | |
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| 93 | 102 | | 1. On March 11, 2020, Governor Doug Ducey issued Executive Order 2020-07, entitled "Proactive Measure to Protect Against COVID-19," in an attempt to limit the exposure and spread of the COVID-19 virus and to ease access to essential care and services. In June 2020, Cara Christ, the then-director of the department of health services, issued Administrative Order 2020-04, pursuant to which, among other things, the department of health services waived or postponed various license and registration renewal requirements for regulated entities. Administrative Order 2020-04, by its terms, remained in effect until Governor Ducey's March 11, 2020 Executive Order was terminated. |
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| 94 | 103 | | |
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| 95 | 104 | | 2. The department of health services recently implemented changes in software, programs and processes to notify licensees of, among other things, the need to schedule inspections and renewals for ambulance registrations. |
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| 96 | 105 | | |
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| 97 | 106 | | 3. As a result of the suspension of registrations pursuant to Administrative Order 2020-04 and the change in processes, systems and notifications, the registrations of a number of ambulances have lapsed for some period of time through no intentional failure or lapse by the certificate of registration holders. |
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| 98 | 107 | | |
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| 99 | 108 | | 4. The failure to maintain ambulance registrations may result in the forfeiture of state and federal monies otherwise due and payable to the certificate of registration holders for ambulance transportation services provided to the residents of this state. |
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| 100 | 109 | | |
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| 101 | 110 | | B. This legislature intends to avoid such a forfeiture by allowing certificate of registration holders to submit registration renewals for ambulances that were otherwise operating in compliance with applicable law but whose registration inadvertently lapsed. |
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| 102 | 111 | | |
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| 103 | 112 | | Sec. 3. Retroactivity |
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| 104 | 113 | | |
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| 105 | 114 | | Section 36-2212, Arizona Revised Statutes, as amended by this act, applies retroactively to from and after March 31, 2021. |
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| 106 | 115 | | |
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| 107 | 116 | | Sec. 4. Emergency |
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| 108 | 117 | | |
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| 109 | 118 | | This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law. |
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