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ENGROSSED SENATE
BILL NO. 1441 By: Rosino of the Senate
and
Roe of the House
[ ambulance service transports - exemption from
certain regulation - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, S ection 1-2515, is
amended to read as follows:
Section 1-2515. A. Notwithstanding any other provision of this
title, Emergency Medical Services emergency medical services (EMS)
Regions regions, Ambulance Service ambulance service districts or
municipalities are hereby authorized to regulate and control,
pursuant to duly enacted ordinance or regulation, Ambulance Service
ambulance service transports originating within the jurisdiction of
such EMS Regions regions, Ambulance Service ambulance service
districts or municipalities.
B. Any ordinance or regulation ad opted pursuant to subsection A
of this section shall meet and may exceed, but shall not be in
contravention of, the st andards promulgated by the State Board of
Health for Ambulance Service ambulance service transports.
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C. 1. Any ordinance or regulation a dopted by an EMS Region
region, Ambulance Service ambulance service district or a
municipality may establish a sole -provider system for stretcher van
and/or Ambulance Service ambulance service transports; provided,
however, any such designated or contracte d sole-provider which is
not an EMS Region region, Ambulance Service ambulance service
district, municipality, or other public e ntity shall be selected by
competitive bidding.
2. A contract entered into pursuant to such bidding shall be
with the lowest and best bidder and may be for an initial term of
such duration as deemed operationally and fiscally prudent by the
contracting agency. The term of such sole-provider contract shall
be made public at the time bids are solicited, which solicitation
shall be not less than sixty (60) days prior to the cont ract start
date.
D. Any EMS Region region, Ambulance Service ambulance service
district or municipality may establish a sole-provider system for
stretcher van and/or Ambulance Service ambulance service transports
and may allow additional geographic or political subdivisions to
join such a system a t any time. Whenever such a geographic or
political subdivision joins such a sole-provider system, competiti ve
bidding shall not be required and provision f or servicing the new
jurisdiction may be accomplished by amending the existing sole -
provider contract. Furthermore, in the event the expansion of the
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service area of the EMS Region region, Ambulance Service ambulance
service district or the municipality is substan tial (in the sole
opinion of the governing body of the EMS Region region, Ambulance
Service ambulance service district or municipality), the existing
sole-provider contract may be extended for a peri od sufficient to
allow reasonable opportunity for recover y of capital costs of
expansion, as determined by the contracting agency.
E. The provisions of this section shall not be construed or
applied to limit the operation of any emergency medical service
district established a nd operating pursuant to Section 9C of Article
10 of the Oklahoma Constituti on; provided, however, that, upon
invitation and approval of a majority of the voters of the distri ct,
any such district is hereby authorized to join by appro priate
agreement any system established by an EMS Region region, Ambulance
Service ambulance service district or a municipa lity pursuant to the
provisions of this section.
F. The following types of pat ient transports shall be exempt
from regulation by EMS Regions regions, Ambulance Service ambulance
service districts or municipalities:
1. Any ambulance owned or operated by, or under contract to
perform ambulance transport services for, the Federal or State state
government, or any agency thereof;
2. Any ambulance owned and operated by a hospital, or under
contract or agreement with a hospital, and in use to transport a
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patient of the owner -hospital, which patient has been admitted to
and not been discharged from the owner-hospital, to or from another
hospital or medical care facility at which the pati ent receives a
diagnostic or therapeutic procedure not available at the owner -
hospital;
3. Any ambulance en gaged in a routine transport call to
transport a patient from a hospital, nursing home, or dialysis
center located within an EMS Region region, Ambulance Service
ambulance service district or municipality to any location outside
the EMS Region region, Ambulance Service ambulance service district
or municipality;
4. Any ambulance engaged in the transport of a patient from a
location outside an EMS Region region, Ambulance Service ambulance
service district or municipality to a location inside an EMS Region
region, Ambulance Service ambulance service district or
municipality; or
5. Any ambulance engaged i n the interstate transport of a
patient.
SECTION 2. This act shall become effective November 1, 2022.
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Passed the Senate the 14th day of March, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives