12 | | - | Section A. Sections 190.053, 190.098, 190.101, and |
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13 | | - | 190.109, RSMo, are repealed and seven new sections enacted in |
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14 | | - | lieu thereof, to be known as sections 190.053, 190.076, 190.098, |
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15 | | - | 190.101, 190.109, 190.112, and 190.166, to read as follows: |
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16 | | - | 190.053. 1. All members of the board of directors of |
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17 | | - | an ambulance district first elected on or after January 1, |
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18 | | - | 2008, shall attend and complete an educational seminar or |
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19 | | - | conference or other suitable training on the role and duties |
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20 | | - | of a board member of an a mbulance district. The training |
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21 | | - | required under this section shall be offered by a statewide |
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22 | | - | association organized for the benefit of ambulance districts |
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23 | | - | or be approved by the state advisory council on emergency |
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24 | | - | medical services. Such training shall i nclude, at a minimum: |
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25 | | - | (1) Information relating to the roles and duties of an |
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26 | | - | ambulance district director; |
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27 | | - | (2) A review of all state statutes and regulations |
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28 | | - | relevant to ambulance districts; |
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29 | | - | (3) State ethics laws; |
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30 | | - | (4) State sunshine laws, chapter 610; |
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31 | | - | (5) Financial and fiduciary responsibility; |
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32 | | - | (6) State laws relating to the setting of tax rates; |
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33 | | - | and |
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34 | | - | (7) State laws relating to revenue limitations. |
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35 | | - | 2 |
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36 | | - | 2. [If any ambulance district board member fails to |
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37 | | - | attend a training session within twelve months after taking |
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38 | | - | office, the board member shall not be compensated for |
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39 | | - | attendance at meetings thereafter until the board member has |
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40 | | - | completed such training session. If any ambulance district |
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41 | | - | board member fails to att end a training session within |
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42 | | - | twelve months of taking office regardless of whether the |
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43 | | - | board member received an attendance fee for a training |
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44 | | - | session, the board member shall be ineligible to run for |
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45 | | - | reelection for another term of office until the board member |
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46 | | - | satisfies the training requirement of this section; however, |
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47 | | - | this requirement shall only apply to board members elected |
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48 | | - | after August 28, 2022 ] All members of the board of directors |
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49 | | - | of an ambulance district shall complete three hours of |
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50 | | - | continuing education for each term of office. The |
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51 | | - | continuing education shall be offered by a statewide |
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52 | | - | association organized for the benefit of ambulance districts |
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53 | | - | or be approved by the state advisory council on emergency |
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54 | | - | medical services. |
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55 | | - | 3. Any ambulance district board member who fails to |
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56 | | - | complete the initial training and continuing education |
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57 | | - | requirements on or before the anniversary date of his or her |
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58 | | - | election or appointment shall immediately be disqualified |
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59 | | - | from office and his or her position sh all be vacant without |
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60 | | - | further process or declaration. The vacancy shall be filled |
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61 | | - | in the manner provided for pursuant to section 190.052 . |
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62 | | - | 190.076. Each ambulance district shall arrange for an |
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63 | | - | audit of the records and accounts of the di strict at least |
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64 | | - | every three years by a certified public accountant or firm |
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65 | | - | of certified public accountants. The audit shall be made |
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66 | | - | available to the public on the district's website or |
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67 | | - | otherwise freely available by other electronic means. |
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68 | | - | 3 |
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69 | | - | 190.098. 1. In order for a person to be eligible for |
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70 | | - | certification by the department as a community paramedic, an |
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71 | | - | individual shall: |
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72 | | - | (1) Be currently [certified] licensed as a paramedic; |
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73 | | - | (2) Successfully complete or have successfully |
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74 | | - | completed a community paramedic certification program from a |
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75 | | - | college, university, or educational institution that has |
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76 | | - | been approved by the department or accredited by a national |
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77 | | - | accreditation organization approved by the department; and |
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78 | | - | (3) Complete an application form approved by the |
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79 | | - | department. |
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80 | | - | 2. [A community paramedic shall practice in accordance |
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81 | | - | with protocols and supervisory standards established by the |
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82 | | - | medical director. A community paramedic shall provide |
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83 | | - | services of a health care p lan if the plan has been |
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84 | | - | developed by the patient's physician or by an advanced |
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85 | | - | practice registered nurse through a collaborative practice |
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86 | | - | arrangement with a physician or a physician assistant |
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87 | | - | through a collaborative practice arrangement with a |
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88 | | - | physician and there is no duplication of services to the |
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89 | | - | patient from another provider. |
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90 | | - | 3. Any ambulance service shall enter into a written |
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91 | | - | contract to provide community paramedic services in another |
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92 | | - | ambulance service area, as that term is defined in se ction |
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93 | | - | 190.100. The contract that is agreed upon may be for an |
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94 | | - | indefinite period of time, as long as it includes at least a |
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95 | | - | sixty-day cancellation notice by either ambulance service. ] |
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96 | | - | As used in this section, the term "community paramedic |
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97 | | - | services" shall mean services provided by any entity that |
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98 | | - | employs licensed paramedics who are certified by the |
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99 | | - | department as community paramedics for services that are: |
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100 | | - | 4 |
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101 | | - | (1) Provided in a nonemergent setting that is |
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102 | | - | independent of an emergency telephone servic e, 911 system, |
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103 | | - | or emergency summons; |
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104 | | - | (2) Consistent with the training and education |
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105 | | - | requirements described in subdivision (2) of subsection 1 of |
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106 | | - | this section, the scope of skill and practice for community |
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107 | | - | paramedics, and the supervisory standard approved by the |
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108 | | - | entity's medical director; and |
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109 | | - | (3) Reflected and documented in the entity's medical |
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110 | | - | director-approved patient care plans or protocols in |
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111 | | - | accordance with the provisions of section 190.142. |
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112 | | - | 3. (1) Any ambulance service that se eks to provide |
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113 | | - | community paramedic services outside of the ambulance |
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114 | | - | service's service area: |
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115 | | - | (a) Shall have a memorandum of understanding (MOU) |
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116 | | - | regarding the provision of such services with the ambulance |
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117 | | - | service in that service area if that ambul ance service is |
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118 | | - | already providing community paramedic services; or |
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119 | | - | (b) Shall not be required to have an MOU with the |
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120 | | - | ambulance service in that service area if that ambulance |
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121 | | - | service is not already providing community paramedic |
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122 | | - | services, provided that the ambulance service seeking to |
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123 | | - | provide such services shall provide notification to the |
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124 | | - | other ambulance service of the community paramedic services |
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125 | | - | to be provided. |
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126 | | - | (2) Any emergency medical response agency (EMRA) that |
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127 | | - | seeks to provide commu nity paramedic services within its |
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128 | | - | designated response service area may do so if the ground |
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129 | | - | ambulance service area within which the EMRA operates does |
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130 | | - | not already provide such services. If the ground ambulance |
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131 | | - | service does provide community paramedic services, then the |
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132 | | - | ground ambulance service may enter into an MOU with the EMRA |
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133 | | - | in order to coordinate programs and avoid service |
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134 | | - | 5 |
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135 | | - | duplication. If the EMRA provides community paramedic |
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136 | | - | services in the ground ambulance service's service area |
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137 | | - | prior to the provision of such services by the ground |
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138 | | - | ambulance service, then the EMRA and the ground ambulance |
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139 | | - | service shall enter into an MOU for the coordination of |
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140 | | - | services. |
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141 | | - | (3) Any community paramedic program shall notify the |
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142 | | - | appropriate local ambulan ce service when providing services |
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143 | | - | within the service area of an ambulance service. |
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144 | | - | (4) The department shall promulgate rules and |
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145 | | - | regulations for the purpose of recognizing which community |
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146 | | - | paramedic services entities have met the standards necessa ry |
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147 | | - | to provide community paramedic services, including, but not |
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148 | | - | limited to, physician medical oversight, training, patient |
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149 | | - | record retention, formal relationships with primary care |
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150 | | - | services as needed, and quality improvement policies. |
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151 | | - | Community paramedic services entities shall be certified by |
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152 | | - | the department, allowing such entities to provide community |
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153 | | - | paramedic services for a period of five years. |
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154 | | - | 4. A community paramedic is subject to the provisions |
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155 | | - | of sections 190.001 to 190.245 and rules pr omulgated under |
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156 | | - | sections 190.001 to 190.245. |
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157 | | - | 5. No person shall hold himself or herself out as a |
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158 | | - | community paramedic or provide the services of a community |
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159 | | - | paramedic unless such person is certified by the department. |
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160 | | - | 6. The medical director shall approve the |
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161 | | - | implementation of the community paramedic program. |
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162 | | - | 7. Any rule or portion of a rule, as that term is |
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163 | | - | defined in section 536.010, that is created under the |
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164 | | - | authority delegated in this section shall become effective |
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165 | | - | only if it complies with and is subject to all of the |
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166 | | - | provisions of chapter 536 and, if applicable, section |
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167 | | - | 536.028. This section and chapter 536 are nonseverable and |
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168 | | - | 6 |
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169 | | - | if any of the powers vested with the general assembly |
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170 | | - | pursuant to chapter 536 to review, to delay the effective |
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171 | | - | date, or to disapprove and annul a rule are subsequently |
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172 | | - | held unconstitutional, then the grant of rulemaking |
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173 | | - | authority and any rule proposed or adopted after August 28, |
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174 | | - | 2013, shall be invalid and void. |
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175 | | - | 190.101. 1. There is hereby established a "State |
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176 | | - | Advisory Council on Emergency Medical Services" which shall |
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177 | | - | consist of [sixteen] no more than twenty-three members[, one |
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178 | | - | of which shall be a resident of a city not within a |
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179 | | - | county]. The members of the council shall be ap pointed [by |
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180 | | - | the governor with the advice and consent of the senate ] |
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181 | | - | pursuant to subsection 2 of this subsection and shall serve |
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182 | | - | terms of four years. The [governor shall designate one of |
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183 | | - | the members as chairperson ] council members shall annually |
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184 | | - | select a chairperson, along with other officers as the |
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185 | | - | council deems necessary . The chairperson may appoint |
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186 | | - | subcommittees that include noncouncil members. |
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187 | | - | 2. Council members shall be appointed as follows: |
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188 | | - | (1) The director of the department of hea lth and |
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189 | | - | senior services shall make appointments to the council from |
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190 | | - | the recommendations provided by the following: |
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191 | | - | (a) The statewide professional association |
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192 | | - | representing ambulance service managers; |
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193 | | - | (b) The statewide professional association |
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194 | | - | representing EMT's and paramedics; |
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195 | | - | (c) The statewide professional association |
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196 | | - | representing ambulance districts; |
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197 | | - | (d) The statewide professional association |
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198 | | - | representing fire chiefs; |
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199 | | - | (e) The statewide professional association |
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200 | | - | representing fire protection districts; |
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201 | | - | 7 |
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202 | | - | (f) The statewide professional association |
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203 | | - | representing firefighters; |
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204 | | - | (g) The statewide professional association |
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205 | | - | representing emergency nurses; |
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206 | | - | (h) The statewide professional association |
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207 | | - | representing the air ambulance industry; |
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208 | | - | (i) The statewide professional association |
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209 | | - | representing emergency medicine physicians; |
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210 | | - | (j) The statewide association representing hospitals; |
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211 | | - | and |
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212 | | - | (k) The statewide association representing pediatric |
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213 | | - | emergency professionals; |
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214 | | - | (2) The director of health and senior services shall |
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215 | | - | appoint a member to the council with a background in mobile |
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216 | | - | integrated healthcare -community paramedicine (MIH -CP); |
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217 | | - | (3) Each regional EMS advisory committee shall appoint |
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218 | | - | one member; and |
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219 | | - | (4) The time-critical diagnosis advisory committee |
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220 | | - | established under section 190.257 shall appoint one member. |
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221 | | - | 3. The state EMS medical directors advisory committee |
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222 | | - | and the regional EMS advisory committees will be recognized |
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223 | | - | as subcommittees of the state advisory council on emergency |
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224 | | - | medical services. |
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225 | | - | [3.] 4. The council shall have geographical |
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226 | | - | representation and representation from appropriate areas of |
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227 | | - | expertise in emergency medical services including |
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228 | | - | volunteers, professi onal organizations involved in emergency |
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229 | | - | medical services, EMT's, paramedics, nurses, firefighters, |
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230 | | - | physicians, ambulance service administrators, hospital |
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231 | | - | administrators and other health care providers concerned |
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232 | | - | with emergency medical services. [The regional EMS advisory |
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233 | | - | committees shall serve as a resource for the identification |
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234 | | - | 8 |
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235 | | - | of potential members of the state advisory council on |
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236 | | - | emergency medical services. |
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237 | | - | 4.] 5. The state EMS medical director, as described |
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238 | | - | under section 190.103, shall se rve as an ex officio member |
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239 | | - | of the council. |
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240 | | - | [5.] 6. The members of the council and subcommittees |
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241 | | - | shall serve without compensation except that members of the |
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242 | | - | council shall, subject to appropriations, be reimbursed for |
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243 | | - | reasonable travel expenses an d meeting expenses related to |
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244 | | - | the functions of the council. |
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245 | | - | [6.] 7. The purpose of the council is to make |
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246 | | - | recommendations to the governor, the general assembly, and |
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247 | | - | the department on policies, plans, procedures and proposed |
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248 | | - | regulations on how to improve the statewide emergency |
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249 | | - | medical services system. The council shall advise the |
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250 | | - | governor, the general assembly, and the department on all |
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251 | | - | aspects of the emergency medical services system. |
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252 | | - | [7.] 8. (1) There is hereby established a standing |
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253 | | - | subcommittee of the council to monitor the implementation of |
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254 | | - | the recognition of the EMS personnel licensure interstate |
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255 | | - | compact under sections 190.900 to 190.939, the interstate |
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256 | | - | commission for EMS personnel practice, and the involvement |
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257 | | - | of the state of Missouri. The subcommittee shall meet at |
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258 | | - | least biannually and receive reports from the Missouri |
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259 | | - | delegate to the interstate commission for EMS personnel |
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260 | | - | practice. The subcommittee shall consist of at least seven |
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261 | | - | members appointed by the chair of the council, to include at |
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262 | | - | least two members as recommended by the Missouri state |
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263 | | - | council of firefighters and one member as recommended by the |
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264 | | - | Missouri Association of Fire Chiefs. The subcommittee may |
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265 | | - | submit reports and recommendations to the council, the |
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266 | | - | department of health and senior services, the general |
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267 | | - | assembly, and the governor regarding the participation of |
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268 | | - | 9 |
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269 | | - | Missouri with the recognition of the EMS personnel licensure |
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270 | | - | interstate compact. |
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271 | | - | (2) The subcommittee shall formally request a public |
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272 | | - | hearing for any rule proposed by the interstate commission |
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273 | | - | for EMS personnel practice in accordance with subsection 7 |
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274 | | - | of section 190.930. The hearing request shall include the |
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275 | | - | request that the hearing be presented live through the |
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276 | | - | internet. The Missouri delegate to the interstate |
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277 | | - | commission for EMS personnel practice shall be responsible |
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278 | | - | for ensuring that all hearings, notices of, and related |
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279 | | - | rulemaking communications as required by the compact be |
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280 | | - | communicated to the council and emergency medica l services |
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281 | | - | personnel under the provisions of subsections 4, 5, 6, and 8 |
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282 | | - | of section 190.930. |
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283 | | - | (3) The department of health and senior services shall |
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284 | | - | not establish or increase fees for Missouri emergency |
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285 | | - | medical services personnel licensure in accor dance with this |
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286 | | - | chapter for the purpose of creating the funds necessary for |
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287 | | - | payment of an annual assessment under subdivision (3) of |
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288 | | - | subsection 5 of section 190.924. |
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289 | | - | [8.] 9. The council shall consult with the time - |
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290 | | - | critical diagnosis advisory comm ittee, as described under |
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291 | | - | section 190.257, regarding time -critical diagnosis. |
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292 | | - | 190.109. 1. The department shall, within a reasonable |
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293 | | - | time after receipt of an application, cause such |
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294 | | - | investigation as the department deems necessary to be made |
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295 | | - | of the applicant for a ground ambulance license. |
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296 | | - | 2. Any person that owned and operated a licensed |
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297 | | - | ambulance on December 31, 1997, shall receive an ambulance |
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298 | | - | service license from the department, unless suspended, |
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299 | | - | revoked or terminated, for th at ambulance service area which |
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300 | | - | was, on December 31, 1997, described and filed with the |
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301 | | - | department as the primary service area for its licensed |
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302 | | - | 10 |
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303 | | - | ambulances on August 28, 1998, provided that the person |
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304 | | - | makes application and adheres to the rules and regul ations |
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305 | | - | promulgated by the department pursuant to sections 190.001 |
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306 | | - | to 190.245. |
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307 | | - | 3. The department shall issue a new ground ambulance |
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308 | | - | service license to an ambulance service that is not |
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309 | | - | currently licensed by the department, or is currently |
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310 | | - | licensed by the department and is seeking to expand its |
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311 | | - | ambulance service area, except as provided in subsection 4 |
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312 | | - | of this section, to be valid for a period of five years, |
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313 | | - | unless suspended, revoked or terminated, when the director |
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314 | | - | finds that the applicant meet s the requirements of ambulance |
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315 | | - | service licensure established pursuant to sections 190.100 |
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316 | | - | to 190.245 and the rules adopted by the department pursuant |
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317 | | - | to sections 190.001 to 190.245. In order to be considered |
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318 | | - | for a new ambulance service license, an am bulance service |
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319 | | - | shall submit to the department a letter of endorsement from |
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320 | | - | each ambulance district or fire protection district that is |
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321 | | - | authorized to provide ambulance service, or from each |
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322 | | - | municipality not within an ambulance district or fire |
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323 | | - | protection district that is authorized to provide ambulance |
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324 | | - | service, in which the ambulance service proposes to |
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325 | | - | operate. If an ambulance service proposes to operate in |
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326 | | - | unincorporated portions of a county not within an ambulance |
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327 | | - | district or fire protection di strict that is authorized to |
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328 | | - | provide ambulance service, in order to be considered for a |
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329 | | - | new ambulance service license, the ambulance service shall |
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330 | | - | submit to the department a letter of endorsement from the |
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331 | | - | county. Any letter of endorsement required pur suant to this |
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332 | | - | section shall verify that the political subdivision has |
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333 | | - | conducted a public hearing regarding the endorsement and |
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334 | | - | that the governing body of the political subdivision has |
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335 | | - | adopted a resolution approving the endorsement. The letter |
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336 | | - | 11 |
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337 | | - | of endorsement shall affirmatively state that the proposed |
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338 | | - | ambulance service: |
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339 | | - | (1) Will provide a benefit to public health that |
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340 | | - | outweighs the associated costs; |
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341 | | - | (2) Will maintain or enhance the public's access to |
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342 | | - | ambulance services; |
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343 | | - | (3) Will maintain or improve the public health and |
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344 | | - | promote the continued development of the regional emergency |
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345 | | - | medical service system; |
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346 | | - | (4) Has demonstrated the appropriate expertise in the |
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347 | | - | operation of ambulance services; and |
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348 | | - | (5) Has demonstrated the f inancial resources necessary |
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349 | | - | for the operation of the proposed ambulance service. |
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350 | | - | 4. A contract between a political subdivision and a |
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351 | | - | licensed ambulance service for the provision of ambulance |
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352 | | - | services for that political subdivision shall expand, |
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353 | | - | without further action by the department, the ambulance |
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354 | | - | service area of the licensed ambulance service to include |
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355 | | - | the jurisdictional boundaries of the political subdivision. |
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356 | | - | The termination of the aforementioned contract shall result |
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357 | | - | in a reduction of the licensed ambulance service's ambulance |
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358 | | - | service area by removing the geographic area of the |
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359 | | - | political subdivision from its ambulance service area, |
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360 | | - | except that licensed ambulance service providers may provide |
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361 | | - | ambulance services as are needed at and around the state |
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362 | | - | fair grounds for protection of attendees at the state fair. |
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363 | | - | 5. The department shall renew a ground ambulance |
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364 | | - | service license if the applicant meets the requirements |
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365 | | - | established pursuant to sections 190.001 to 190.245, and the |
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366 | | - | rules adopted by the department pursuant to sections 190.001 |
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367 | | - | to 190.245. |
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368 | | - | 12 |
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369 | | - | 6. The department shall promulgate rules relating to |
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370 | | - | the requirements for a ground ambulance service license |
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371 | | - | including, but not limited to: |
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372 | | - | (1) Vehicle design, specificati on, operation and |
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373 | | - | maintenance standards; |
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374 | | - | (2) Equipment requirements; |
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375 | | - | (3) Staffing requirements; |
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376 | | - | (4) Five-year license renewal; |
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377 | | - | (5) Records and forms; |
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378 | | - | (6) Medical control plans; |
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379 | | - | (7) Medical director qualifications; |
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380 | | - | (8) Standards for medical communications; |
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381 | | - | (9) Memorandums of understanding with emergency |
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382 | | - | medical response agencies that provide advanced life support; |
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383 | | - | (10) Quality improvement committees; [and] |
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384 | | - | (11) Response time, patient care and tran sportation |
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385 | | - | standards; |
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386 | | - | (12) Participation with regional emergency medical |
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387 | | - | services advisory committees; and |
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388 | | - | (13) Ambulance service administrator qualifications . |
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389 | | - | 7. Application for a ground ambulance service license |
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390 | | - | shall be made upon su ch forms as prescribed by the |
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391 | | - | department in rules adopted pursuant to sections 190.001 to |
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392 | | - | 190.245. The application form shall contain such |
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393 | | - | information as the department deems necessary to make a |
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394 | | - | determination as to whether the ground ambulance service |
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395 | | - | meets all the requirements of sections 190.001 to 190.245 |
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396 | | - | and rules promulgated pursuant to sections 190.001 to |
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397 | | - | 190.245. |
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398 | | - | 190.112. 1. Each ambulance service licensed under |
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399 | | - | this chapter shall identify to the department the individual |
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400 | | - | serving as the ambulance service administrator who is |
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401 | | - | responsible for the operations and staffing of the ambulance |
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402 | | - | 13 |
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403 | | - | service. The ambulance service administrator shall be |
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404 | | - | required to have achieved basic training of at least forty |
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405 | | - | hours regarding the ope rations of an ambulance service and |
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406 | | - | two hours of annual continuing education. The training |
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407 | | - | required under this section shall be offered by a statewide |
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408 | | - | association organized for the benefit of ambulance districts |
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409 | | - | or be approved by the state advisory co uncil on emergency |
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410 | | - | medical services and shall include the following: |
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411 | | - | (1) Basic principles of accounting and economics; |
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412 | | - | (2) State and federal laws applicable to ambulance |
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413 | | - | services; |
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414 | | - | (3) Regulatory requirements applicable to ambulance |
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415 | | - | services; |
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416 | | - | (4) Human resources management and laws; |
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417 | | - | (5) Grant writing, contracts, and fundraising; |
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418 | | - | (6) State sunshine laws in chapter 610, as well as |
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419 | | - | applicable ethics requirements; and |
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420 | | - | (7) Volunteer and community involvement. |
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421 | | - | 2. Ambulance service administrators serving in this |
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422 | | - | capacity as of August 28, 2024, shall have until January 1, |
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423 | | - | 2026, to demonstrate compliance with the provisions of this |
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424 | | - | section. |
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425 | | - | 190.166. 1. In addition to the provisions of section |
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426 | | - | 190.165, the department of health and senior services may |
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427 | | - | refuse to issue, deny renewal of, or suspend a license |
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428 | | - | required pursuant to section 190.109, or take other |
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429 | | - | corrective actions as described in this section, based on |
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430 | | - | the following considerations: |
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431 | | - | (1) The license holder is determined to be financially |
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432 | | - | insolvent; |
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433 | | - | (2) The ambulance service has inadequate personnel to |
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434 | | - | operate the ambulance service to provide for basic emergency |
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435 | | - | operations, determined by the ability to staff a minimum of |
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436 | | - | 14 |
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437 | | - | one ambulance unit twenty -four hours per day, seven days per |
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438 | | - | week, with at least two licensed emergency medical |
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439 | | - | technicians and a reasonable plan and schedule for the |
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440 | | - | services of a second ambulance; |
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441 | | - | (3) The ambulance service requires an inordinate |
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442 | | - | amount of mutual aid from neighboring services, such as more |
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443 | | - | than ten percent of the total runs in the service area in |
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444 | | - | any given month, or than would be considered prudent and |
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445 | | - | thus cannot provide an appropriate level of emergency |
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446 | | - | response for the ser vice area as would be considered prudent |
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447 | | - | by the typical ground ambulance services operator; |
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448 | | - | (4) The principal manager, board members, or other |
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449 | | - | executives are determined to be criminally liable for |
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450 | | - | actions related to the license or service provided ; |
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451 | | - | (5) The license holder or principal manager, board |
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452 | | - | members, or other executives are determined by the Centers |
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453 | | - | for Medicare and Medicaid Services to be ineligible for |
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454 | | - | participation in Medicare; |
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455 | | - | (6) The license holder or principal manager, b oard |
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456 | | - | members, or other executives are determined by the MO |
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457 | | - | HealthNet division to be ineligible for participation in MO |
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458 | | - | HealthNet; |
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459 | | - | (7) The ambulance service administrator has failed to |
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460 | | - | meet the required qualifications or failed to complete the |
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461 | | - | training required pursuant to section 190.112; and |
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462 | | - | (8) Three or more board members have failed to |
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463 | | - | complete required training pursuant to section 190.053 if |
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464 | | - | the ambulance service is an ambulance district. |
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465 | | - | 2. If the department makes a determinati on of |
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466 | | - | insolvency or insufficiency of operations of a license |
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467 | | - | holder under subsection 1 of this section, then the |
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468 | | - | department may require the license holder to submit a |
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469 | | - | 15 |
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470 | | - | corrective plan within fifteen days and require |
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471 | | - | implementation of the corrective pla n within thirty days. |
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472 | | - | 3. The department shall be required to provide notice |
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473 | | - | of any determination by the department of insolvency or |
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474 | | - | insufficiency of operations of a license holder to other |
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475 | | - | license holders operating in the license holder's vicinity , |
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476 | | - | members of the general assembly who represent the license |
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477 | | - | holder's service area, the governing officials of any county |
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478 | | - | or municipal entity in the license holder's service area, |
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479 | | - | the appropriate regional emergency medical services advisory |
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480 | | - | committee, and the state advisory council on emergency |
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481 | | - | medical services. |
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482 | | - | 4. The department shall immediately engage with other |
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483 | | - | license holders in the area to determine the extent to which |
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484 | | - | ground ambulance service may be provided to the affected |
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485 | | - | service area during the time in which the license holder is |
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486 | | - | unable to provide adequate services, including any long -term |
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487 | | - | service arrangements. The nature of the agreement between |
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488 | | - | the license holder and other license holders providing |
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489 | | - | services to the affected area may include an agreement to |
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490 | | - | provide services, a joint powers agreement, formal |
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491 | | - | consideration, or some payment for services rendered. |
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492 | | - | 5. Any license holder who provides assistance in the |
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493 | | - | service area of another license holder whose license has |
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494 | | - | been suspended under this section shall have the right to |
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495 | | - | seek reasonable compensation from the license holder whose |
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496 | | - | license to operate has been suspended for all calls, stand - |
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497 | | - | by time, and responses to medical emergencies during such |
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498 | | - | time as the license remains suspended. The reasonable |
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499 | | - | compensation shall not be limited to those expenses incurred |
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500 | | - | in actual responses, but may also include reasonable |
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501 | | - | expenses to maintain ambulance service, including, but not |
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502 | | - | limited to, the daily operation costs of mai ntaining the |
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503 | | - | 16 |
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504 | | - | service, personnel wages and benefits, equipment purchases |
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505 | | - | and maintenance, and other costs incurred in the operation |
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506 | | - | of a ground ambulance service. The license holder providing |
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507 | | - | assistance shall be entitled to an award of costs and |
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508 | | - | reasonable attorney fees in any action to enforce the |
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509 | | - | provisions of this subsection. |
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| 14 | + | Section A. Section 190.098, RSMo, is repealed and one new 1 |
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| 15 | + | section enacted in lieu thereof, to be known as section 190.098, 2 |
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| 16 | + | to read as follows:3 |
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| 17 | + | 190.098. 1. In order for a person to be eligible for 1 |
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| 18 | + | certification by the department as a community paramedic, an 2 |
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| 19 | + | individual shall: 3 |
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| 20 | + | (1) Be currently [certified] licensed as a paramedic; 4 |
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| 21 | + | (2) Successfully complete or have successfully 5 |
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| 22 | + | completed a community paramedic certification program from a 6 |
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| 23 | + | college, university, or educational institution that has 7 |
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| 24 | + | been approved by the department or accredited by a national 8 |
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| 25 | + | accreditation organization approved by the department; and 9 |
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| 26 | + | (3) Complete an application form approved by the 10 |
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| 27 | + | department. 11 |
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| 28 | + | 2. [A community paramedic shall practice in accordance 12 |
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| 29 | + | with protocols and supervisory standards established by the 13 |
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| 30 | + | medical director. A community paramedic shall provide 14 |
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| 31 | + | services of a health care plan if the plan has been 15 |
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| 32 | + | developed by the patient's physician or by an advanced 16 |
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| 33 | + | practice registered nurse through a collaborative practice 17 |
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| 34 | + | arrangement with a physician or a physician assistant 18 SB 1382 2 |
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| 35 | + | through a collaborative practice arrangement with a 19 |
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| 36 | + | physician and there is no duplication of services to the 20 |
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| 37 | + | patient from another provider. 21 |
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| 38 | + | 3. Any ambulance service shall enter into a written 22 |
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| 39 | + | contract to provide community paramedic services in another 23 |
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| 40 | + | ambulance service area, as that term is defined in section 24 |
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| 41 | + | 190.100. The contract that is agreed upon may be for an 25 |
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| 42 | + | indefinite period of time, as long as it includes at least a 26 |
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| 43 | + | sixty-day cancellation notice by either ambulance service. ] 27 |
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| 44 | + | As used in this section, the term "community paramedic 28 |
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| 45 | + | services" shall mean services pr ovided by any entity that 29 |
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| 46 | + | employs licensed paramedics who are certified by the 30 |
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| 47 | + | department as community paramedics for services that are: 31 |
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| 48 | + | (1) Provided in a nonemergent setting that is 32 |
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| 49 | + | independent of an emergency telephone service, 911 system, 33 |
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| 50 | + | or emergency summons; 34 |
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| 51 | + | (2) Consistent with the training and education 35 |
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| 52 | + | requirements described in subdivision (2) of subsection 1 of 36 |
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| 53 | + | this section, the scope of skill and practice for community 37 |
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| 54 | + | paramedics, and the supervisory standard approved by the 38 |
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| 55 | + | entity's medical director; and 39 |
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| 56 | + | (3) Reflected and documented in the entity's medical 40 |
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| 57 | + | director-approved patient care plans or protocols in 41 |
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| 58 | + | accordance with the provisions of section 190.142. 42 |
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| 59 | + | 3. (1) Any ambulance service that seeks to provide 43 |
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| 60 | + | community paramedic services outside of the ambulance 44 |
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| 61 | + | service's service area: 45 |
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| 62 | + | (a) Shall have a memorandum of understanding (MOU) 46 |
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| 63 | + | regarding the provision of such services with the ambulance 47 |
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| 64 | + | service in that service area if that ambulance service is 48 |
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| 65 | + | already providing community paramedic services; or 49 SB 1382 3 |
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| 66 | + | (b) Shall not be required to have an MOU with the 50 |
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| 67 | + | ambulance service in that service area if that ambulance 51 |
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| 68 | + | service is not already providing community paramedic 52 |
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| 69 | + | services, provided that the ambulance s ervice seeking to 53 |
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| 70 | + | provide such services shall provide notification to the 54 |
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| 71 | + | other ambulance service of the community paramedic services 55 |
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| 72 | + | to be provided. 56 |
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| 73 | + | (2) Any emergency medical response agency (EMRA) that 57 |
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| 74 | + | seeks to provide community paramedic servi ces within its 58 |
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| 75 | + | designated response service area may do so if the ground 59 |
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| 76 | + | ambulance service area within which the EMRA operates does 60 |
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| 77 | + | not already provide such services. If the ground ambulance 61 |
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| 78 | + | service does provide community paramedic services, then the 62 |
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| 79 | + | ground ambulance service may enter into an MOU with the EMRA 63 |
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| 80 | + | in order to coordinate programs and avoid service 64 |
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| 81 | + | duplication. If the EMRA provides community paramedic 65 |
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| 82 | + | services in the ground ambulance service's service area 66 |
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| 83 | + | prior to the provision of such services by the ground 67 |
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| 84 | + | ambulance service, then the EMRA and the ground ambulance 68 |
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| 85 | + | service shall enter into an MOU for the coordination of 69 |
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| 86 | + | services. 70 |
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| 87 | + | (3) Any community paramedic program shall notify the 71 |
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| 88 | + | appropriate local ambulance service when prov iding services 72 |
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| 89 | + | within the service area of an ambulance service. 73 |
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| 90 | + | (4) The department shall promulgate rules and 74 |
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| 91 | + | regulations for the purpose of recognizing which community 75 |
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| 92 | + | paramedic services entities have met the standards necessary 76 |
---|
| 93 | + | to provide community paramedic services, including, but not 77 |
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| 94 | + | limited to, physician medical oversight, training, patient 78 |
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| 95 | + | record retention, formal relationships with primary care 79 |
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| 96 | + | services as needed, and quality improvement policies. 80 |
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| 97 | + | Community paramedic services entities shall be certified by 81 SB 1382 4 |
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| 98 | + | the department, allowing such entities to provide community 82 |
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| 99 | + | paramedic services for a period of five years. 83 |
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| 100 | + | 4. A community paramedic is subject to the provisions 84 |
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| 101 | + | of sections 190.001 to 190.245 and rules promulgated under 85 |
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| 102 | + | sections 190.001 to 190.245. 86 |
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| 103 | + | 5. No person shall hold himself or herself out as a 87 |
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| 104 | + | community paramedic or provide the services of a community 88 |
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| 105 | + | paramedic unless such person is certified by the department. 89 |
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| 106 | + | 6. The medical director shall approve the 90 |
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| 107 | + | implementation of the community paramedic program. 91 |
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| 108 | + | 7. Any rule or portion of a rule, as that term is 92 |
---|
| 109 | + | defined in section 536.010, that is created under the 93 |
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| 110 | + | authority delegated in this section shall become effective 94 |
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| 111 | + | only if it complies with and is su bject to all of the 95 |
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| 112 | + | provisions of chapter 536 and, if applicable, section 96 |
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| 113 | + | 536.028. This section and chapter 536 are nonseverable and 97 |
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| 114 | + | if any of the powers vested with the general assembly 98 |
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| 115 | + | pursuant to chapter 536 to review, to delay the effective 99 |
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| 116 | + | date, or to disapprove and annul a rule are subsequently 100 |
---|
| 117 | + | held unconstitutional, then the grant of rulemaking 101 |
---|
| 118 | + | authority and any rule proposed or adopted after August 28, 102 |
---|
| 119 | + | 2013, shall be invalid and void. 103 |
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| 120 | + | |
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