Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1515 Compare Versions

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4-
5-An Act
6-ENROLLED SENATE
7-BILL NO. 1515 By: Weaver, Matthews, and
28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 1515 By: Weaver, Matthews, and
831 Rogers of the Senate
932
1033 and
1134
1235 Osburn of the House
1336
1437
1538
1639
1740 An Act relating to emergency medical servi ces;
1841 amending 63 O.S. 2021, Section 1 -2503, as amended by
1942 Section 1, Chapter 93, O.S.L. 2019, which relates to
2043 definitions used in the Oklahoma Emergency Response
2144 Systems Development Act ; modifying definitions;
2245 allowing certified emergency medical response agency
2346 to provide limited transport under certain
2447 conditions; modifying transport protocol; and
2548 providing an effective date.
2649
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31-SUBJECT: Emergency medical services
54+AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
55+and insert:
56+
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58+
59+
60+"An Act relating to emergency medical services;
61+amending 63 O.S. 2021, Section 1 -2503, as amended by
62+Section 1, Chapter 93, O.S.L. 2019, which relates to
63+definitions used in the Oklahoma Emergency Response
64+Systems Development Act ; modifying definitions;
65+allowing certified emergency medical response agency
66+to provide limited transport under certain
67+conditions; modifying transport protocol; and
68+providing an effective date.
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3273
3374 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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34100
35101 SECTION 1. AMENDATORY 63 O.S . 2021, Section 1-2503, as
36102 amended by Section 1, Chap ter 93, O.S.L. 2019, is amended to read as
37103 follows:
38-
39104 Section 1-2503. As used in the Oklahoma Emergenc y Response
40105 Systems Development Act:
41-
42106 1. "Ambulance" means any ground, air or water vehicle which is
43107 or should be approved by the State Commissioner of Heal th, designed
44108 and equipped to transport a patient or patients and to provide
45109 appropriate on-scene and en route patient stabilization and care as
46110 required. Vehicles use d as ambulances shall meet such stan dards as
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49111 may be required by the Commissioner for appr oval, and shall display
50112 evidence of such approval at all times;
51-
52113 2. "Ambulance authority" means any public trust or nonprofit
53114 corporation established by the state or a ny unit of local government
54115 or combination of units of government for the express purpose of
55116 providing, directly or by contract, emergency medical services in a
56117 specified area of the state;
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58118 3. "Ambulance patient" or "patient" means any person who is or
59119 will be transported in a reclining pos ition to or from a health care
60120 facility in an ambulan ce;
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62121 4. "Ambulance service" means any private firm or governmental
63122 agency which is or should be licen sed by the State Department of
64123 Health to provide levels of medical care based on certification
65124 standards promulgated by the Commissioner;
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66150
67151 5. "Ambulance service district" means any county, group of
68152 counties or parts of counties formed together to provide, operate
69153 and finance emergency medical services as provided by Sect ion 9C of
70154 Article X of the Oklahoma Constitution or Sections 1201 through 1221
71155 of Title 19 of the Oklahoma Statutes;
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73156 6. "Board" means the State Board of Health;
74-
75157 7. "Certified emergency med ical responder" means an individual
76158 certified by the Department to perform emergency medical services in
77159 accordance with the Oklahoma Emergency Response Sy stems Development
78160 Act and in accordance with the rules and standards promulgated by
79161 the Commissioner;
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81162 8. "Certified emergency medical response agency " means an
82163 organization of any type certified by the Department to provide
83164 emergency medical care , but not transport and limited transport in
84165 an emergency vehicle as defined in Section 1-103 of Title 47 of the
85166 Oklahoma Statutes. A certified emergency medical response agency
86167 shall only provide t ransport upon approval by the appropriate online
87168 medical control at the time of transport. Certified emergency
88169 medical response agencies may utilize certified em ergency medical
89170 responders or licensed emergency medical personnel; provided,
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92171 however, that all perso nnel so utilized shall function under the
93172 direction of and consistent with guidelines for medical control;
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94198
95199 9. "Classification" means an inclusive standard ized
96200 identification of stabilizing and definitive emergency services
97201 provided by each hospital that t reats emergency patients;
98-
99202 10. "CoAEMSP" means the Committee on Accreditation of
100203 Educational Programs for the Emergency Medical Services Professions;
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102204 11. "Commissioner" means the State Commissioner of Health;
103-
104205 12. "Council" means the Trauma and Emergency Response Advisory
105206 Council created in Section 1 -103a.1 of this title;
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107207 13. "Critical care paramedic" or "CCP" means a licensed
108208 paramedic who has successfull y completed critical care training and
109209 testing requirements in accordance with the Oklahoma Emergency
110210 Response Systems Development Act and in accordance with th e rules
111211 and standards promulgated by the Commissioner;
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113212 14. "Department" means the State Departm ent of Health;
114-
115213 15. "Emergency medical services system" means a system which
116214 provides for the organiz ation and appropriate designation of
117215 personnel, facilities and equipment for the effective and
118216 coordinated local, regional and statewide delivery of health care
119217 services primarily under emergency conditions;
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121218 16. "Letter of review" means the official desig nation from
122219 CoAEMSP to a paramedic program that is in the "becoming accredited"
123220 process;
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125221 17. "Licensed emergency medical personnel " means an emergency
126222 medical technician (EMT), an intermediate, an advanced emergency
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127249 medical technician (AEMT), or a paramed ic licensed by the Department
128250 to perform emergency medical services in accordance with the
129251 Oklahoma Emergency Response Systems Development Act and the rule s
130252 and standards promulgated by the Commissioner;
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132253 18. "Licensure" means the licensing of emergency me dical care
133254 providers and ambulance services pursuant to rul es and standards
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136255 promulgated by the Commissioner at one or more of the following
137256 levels:
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139257 a. Basic basic life support,
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141258 b. Intermediate intermediate life support,
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143259 c. Paramedic paramedic life support,
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145260 d. Advanced advanced life support,
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147261 e. Stretcher stretcher van, and
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149262 f. Specialty specialty care, which shall be used solely
150263 for interhospital transport of patients requiring
151264 specialized en route medical monitoring and advanced
152265 life support which exceed the capabilities of the
153266 equipment and personnel provided by pa ramedic life
154267 support.
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156268 Requirements for each level of care shall be established by the
157269 Commissioner. Licensure at any level of care includes a license to
158270 operate at any lower level, with the exception of licensure for
159271 specialty care; provided, however, tha t the highest level of care
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160298 offered by an ambulance service shall be available twenty -four (24)
161299 hours each day, three hundred sixty-five (365) days per year.
162-
163300 Licensure shall be granted or renewed for such periods and under
164301 such terms and conditions as may be promulgated by the Commissioner;
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166302 19. "Medical control" means local, regional or statewide
167303 medical direction and quality assurance of health care delivery in
168304 an emergency medical service system. On-line Online medical control
169305 is the medical direction given to licensed emergency medical
170306 personnel, certified emergency medical responders and stretcher van
171307 personnel by a physician via radio or telephone. Off-line medical
172308 control is the establishment and monitoring of all medical
173309 components of an emergency medical service system, which is to
174310 include stretcher van service including, but not limited to,
175311 protocols, standing orders, educational programs, and the quality
176312 and delivery of on-line online control;
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180313 20. "Medical director" means a physician, fully licensed
181314 without restriction, who acts as a paid or volunteer medical advisor
182315 to a licensed ambulance service and who monitors and directs the
183316 care so provided. Such physicians shall meet such qualifications
184317 and requirements as may be promulgated by the Commissioner;
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186318 21. "Region" or "emergency medical service region" means two or
187319 more municipalities, counties, ambul ance districts or other
188320 political subdivisions exercising joint control over one or more
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189347 providers of emergency medical services and stretcher van service
190348 through common ordinances, authorities, boards or other means;
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192349 22. "Regional emergency medical servi ces system" means a
193350 network of organizations, individuals, facilities and equipment
194351 which serves a region, subject to a unified set of regional rules
195352 and standards which may exceed, but may not be in contravention of,
196353 those required by the state, which is under the medical direction of
197354 a single regional medical director, and which participates directly
198355 in the delivery of the following services:
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200356 a. medical call-taking and emergency medical services
201357 dispatching, emergency and routine, including priority
202358 dispatching of first response agencies, stretcher van
203359 and ambulances,
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205360 b. emergency medical respond er services provided by
206361 emergency medical response agencies,
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208362 c. ambulance services, both emergency, routine and
209363 stretcher van including, but not limited to, the
210364 transport of patients in accordance with transport
211365 protocols approved by the regional medical d irector,
212366 and
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214367 d. directions given by physicians directly via radio or
215368 telephone, or by written protocol, to emergency
216369 medical response agencies, stretcher van or am bulance
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217396 personnel at the scene of an emergency or while en
218397 route to a hospital;
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220398 23. "Regional medical director" means a licensed physician, who
221399 meets or exceeds the qualifications of a medical director as defined
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224400 by the Oklahoma Emergency Response Systems Development Act, chosen
225401 by an emergency medical service region to provide external medical
226402 oversight, quality control and related services to that region;
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228403 24. "Registration" means the listing of an ambulance service in
229404 a registry maintained by the Depart ment; provided, however,
230405 registration shall not be deemed to be a license;
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232406 25. "Stretcher van" means any ground vehicle which is or should
233407 be approved by the Sta te Commissioner of Health, which is designed
234408 and equipped to transport individuals on a stretc her or gurney type
235409 apparatus. Vehicles used as stretcher vans shall meet such
236410 standards as may be required by the Commissioner for approval and
237411 shall display evidence of licensure at all times. The Commissioner
238412 shall not establish Federal Specification K KK-A-1822 ambulance
239413 standards for stretcher vans; provided, a stretcher van shall meet
240414 Ambulance Manufacturers Division (AMD) Standards 004, 012 and 013,
241415 and shall pass corresponding safety tests. Stretcher van services
242416 shall only be permitted and approve d by the Commissioner in
243417 emergency medical service regions, ambulance service districts, or
244418 counties with populations in excess of five hundred thousand
245419 (500,000) people. Notwithstanding the provisions of this paragraph,
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246446 stretcher van transports may be ma de to and from any federal or
247447 state veterans facility. Stretcher vans may carry and provide
248448 oxygen and may carry and utilize any equipment necessary for the
249449 provision of oxygen;
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251450 26. "Stretcher van passenger" means any person who is or will
252451 be transported in a reclining position on a stretcher or gurney, who
253452 is medically stable, nonemergent and d oes not require any medical
254453 monitoring equipment or assistance during transport except oxygen.
255454 Passengers must be authorized as qualified to be transported by
256455 stretcher van. Passengers shall be authorized through screening
257456 provided by a certified medical dispatching protocol approved by the
258457 Department. All patients being transported to or from any medically
259458 licensed facility shall be screened before transport. A ny patient
260459 transported without screening shall be a violation of Commissioner
261460 rule by the transporting company and subject to administrative
262461 procedures of the Dep artment; and
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264462 27. "Transport protocol" means the written instructions
265463 governing decision-making at the scene of a medical emergency by
464+ambulance personnel regarding the selection of the h ospital to which
465+the patient shall be transported. Transport protoco ls shall be
466+developed by the regional medical director for a regional emergency
467+medical services system or by the Department if no regional
468+emergency medical services system has been esta blished. Such
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495+transport protocols shall adhere to, at a minimum, the following
496+guidelines:
497+a. nonemergency, routine transport shall be to the
498+facility of the pati ent's choice,
499+b. urgent or emergency transport no t involving life-
500+threatening medical illness or injury shall be to the
501+nearest facility, or, subject to transport
502+availability and system area coverage, to the facility
503+of the patient's choice, and
504+c. life-threatening medical illness or injury shall
505+require transport to the nearest health care facility
506+appropriate to the needs of the patient as established
507+by regional or state guidelines, and
508+d. emergency ambulance transportation is not required
509+when a patient's apparent clinical condition, as
510+defined by applicable medical treatment protocols,
511+does not warrant emergency ambulance transport, and
512+nontransport of patient s is authorized pursuant to
513+applicable medical treatment protocols established by
514+the regional medical director.
515+SECTION 2. This act shall become effective November 1, 2022. "
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542+Passed the House of Representatives the 27th day of April, 2022.
543+
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545+
546+
547+
548+Presiding Officer of the House of
549+ Representatives
550+
551+
552+Passed the Senate the ____ day of _______ ___, 2022.
553+
554+
555+
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558+Presiding Officer of the Senate
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586+ENGROSSED SENATE
587+BILL NO. 1515 By: Weaver, Matthews, and
588+Rogers of the Senate
589+
590+ and
591+
592+ Osburn of the House
593+
594+
595+
596+An Act relating to emergency medical servi ces;
597+amending 63 O.S. 2021, Section 1 -2503, as amended by
598+Section 1, Chapter 93, O.S.L. 2019, which relates to
599+definitions used in the Oklahoma Emergency Response
600+Systems Development Act ; modifying definitions;
601+allowing certified emergency medical response agency
602+to provide limited transport under certain
603+conditions; modifying transport protocol; and
604+providing an effective date.
605+
606+
607+
608+
609+
610+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
611+SECTION 3. AMENDATORY 63 O.S. 2021, S ection 1-2503, as
612+amended by Section 1, Chap ter 93, O.S.L. 2019, is amended to read as
613+follows:
614+Section 1-2503. As used in the Oklahoma Emergenc y Response
615+Systems Development Act:
616+1. "Ambulance" means any ground, air or water vehicle which is
617+or should be approved by the State Commissioner of Heal th, designed
618+and equipped to transport a patient or patients and to provide
619+appropriate on-scene and en route patient stabilization and care as
620+required. Vehicles used as ambulances shall meet such standards as
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647+may be required by the Commissioner for appr oval, and shall display
648+evidence of such approval at all times;
649+2. "Ambulance authority" means any public trust or nonprofit
650+corporation established by the state or any un it of local government
651+or combination of units of government for the express purpose of
652+providing, directly or by contract, emergency medical services in a
653+specified area of the state;
654+3. "Ambulance patient" or "patient" means any person who is or
655+will be transported in a reclining position to or from a health care
656+facility in an ambulan ce;
657+4. "Ambulance service" means any private firm or governmental
658+agency which is or should be licen sed by the State Department of
659+Health to provide levels of medical care based on certification
660+standards promulgated by the Commissioner;
661+5. "Ambulance service district" means any county, group of
662+counties or parts of counties formed together to provide, operate
663+and finance emergency medical services as provided by Section 9 C of
664+Article X of the Oklahoma Constitut ion or Sections 1201 through 1221
665+of Title 19 of the Oklahoma Statutes;
666+6. "Board" means the State Board of Health;
667+7. "Certified emergency med ical responder" means an individual
668+certified by the Department to perf orm emergency medical services in
669+accordance with the Oklahoma Emergency Response Sy stems Development
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696+Act and in accordance with the rules and standards promulgated by
697+the Commissioner;
698+8. "Certified emergency medical response agency " means an
699+organization of any type certified by the Departmen t to provide
700+emergency medical care , but not transport and limited transport. A
701+certified emergency medical response agency shall only provide
702+transport upon approval by the appropriate me dical control at the
703+time of transport. Certified emergency medica l response agencies
704+may utilize certified em ergency medical responders or licensed
705+emergency medical personnel; provided, however, that all perso nnel
706+so utilized shall function under the direction of and consistent
707+with guidelines for medical control;
708+9. "Classification" means an inclusive standard ized
709+identification of stabilizing and definitive emergency services
710+provided by each hospital that t reats emergency patients;
711+10. "CoAEMSP" means the Committee on Accredi tation of
712+Educational Programs for the E mergency Medical Services Professions;
713+11. "Commissioner" means the State Commissioner of Health;
714+12. "Council" means the Trauma and Emergency Response Advisory
715+Council created in Section 1 -103a.1 of this title;
716+13. "Critical care paramedic" or "CCP" means a licensed
717+paramedic who has successfull y completed critical care training and
718+testing requirements in accordance with the Oklahoma Emergency
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745+Response Systems Development Act and in accordance with the rules
746+and standards promulgated by the Commissione r;
747+14. "Department" means the State Departm ent of Health;
748+15. "Emergency medical services system" means a system which
749+provides for the organiz ation and appropriate designation of
750+personnel, facilities and equipmen t for the effective and
751+coordinated local, regional and statewide delivery of health care
752+services primarily under emergency conditions;
753+16. "Letter of review" means the official desig nation from
754+CoAEMSP to a paramedic program that is in the "becoming accredited"
755+process;
756+17. "Licensed emergency medical personnel " means an emergency
757+medical technician (EMT), an intermediate, an advanced emergency
758+medical technician (AEMT), or a paramed ic licensed by the Department
759+to perform emergency medical services in accordance with the
760+Oklahoma Emergency R esponse Systems Development Act and the rule s
761+and standards promulgated by the Commissioner;
762+18. "Licensure" means the licensing of emergency me dical care
763+providers and ambulance services pursuant to rules and stand ards
764+promulgated by the Commissioner at one or more of the following
765+levels:
766+a. Basic basic life support,
767+b. Intermediate intermediate life support,
768+c. Paramedic paramedic life support,
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795+d. Advanced advanced life support,
796+e. Stretcher stretcher van, and
797+f. Specialty specialty care, which shall be used solely
798+for interhospital transport of patients requiring
799+specialized en route medical monitoring and advanced
800+life support which exceed the capabilities of the
801+equipment and personnel provided by paramedic life
802+support.
803+Requirements for each level of care shall be established by the
804+Commissioner. Licensure at any level of care includes a license to
805+operate at any lower level, with the exception of licensure for
806+specialty care; provided, however, that the highes t level of care
807+offered by an ambulance service shall be available twenty -four (24)
808+hours each day, three hundred sixty-five (365) days per year.
809+Licensure shall be granted or renewed for such periods and under
810+such terms and conditions as may be promulgat ed by the Commissioner;
811+19. "Medical control" means local, regional or statewide
812+medical direction and quality assurance of health care delivery in
813+an emergency medical service system. On-line medical control is the
814+medical direction given to licensed em ergency medical personnel,
815+certified emergency medical responders and stretcher van personnel
816+by a physician via radio or telephone. Off-line medical control is
817+the establishment and monitoring of all medical components of an
818+emergency medical service sys tem, which is to include stretcher van
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845+service including, but not limited to, protoc ols, standing orders,
846+educational programs, and the quality and delivery of on-line
847+control;
848+20. "Medical director" means a physician, fully licensed
849+without restriction, who acts as a paid or volunteer medical advisor
850+to a licensed ambulance service and who monitors and directs the
851+care so provided. Such physicians shall meet such qualifications
852+and requirements as may be promulgated by the Commissioner;
853+21. "Region" or "emergency medical service region " means two or
854+more municipalities, counties, ambul ance districts or other
855+political subdivisions exercising joint control over one or more
856+providers of emergency medical services and stretcher van service
857+through common ordinances, authorities, boards or other m eans;
858+22. "Regional emergency medical servi ces system" means a
859+network of organizations, individuals, facilities and equipment
860+which serves a region, subject to a unified set of regional rules
861+and standards which ma y exceed, but may not be in contraventio n of,
862+those required by the state, which is under the medical direction of
863+a single regional medical director, and which participates directly
864+in the delivery of the following services:
865+a. medical call-taking and emergency medical services
866+dispatching, emergency and routine, including priority
867+dispatching of first response agencies, stretcher van
868+and ambulances,
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895+b. emergency medical respond er services provided by
896+emergency medical response agencies,
897+c. ambulance services, both emergency, routine and
898+stretcher van including, but not limited to, the
899+transport of patients in accordance with transport
900+protocols approved by the regional medical d irector,
901+and
902+d. directions given by physicians directly via radio or
903+telephone, or by written protocol, to emergency
904+medical response agencies, stretcher van or am bulance
905+personnel at the scene of an emergency or while en
906+route to a hospital;
907+23. "Regional medical director" means a licensed physician, who
908+meets or exceeds the qualif ications of a medical director as define d
909+by the Oklahoma Emergency Response Systems Development Act, chosen
910+by an emergency medical service region to provide external medical
911+oversight, quality control and related services to that region;
912+24. "Registration" means the listing of an ambulance se rvice in
913+a registry maintained by the Depart ment; provided, however,
914+registration shall not be deemed to be a license;
915+25. "Stretcher van" means any ground vehicle which is or should
916+be approved by the State Commiss ioner of Health, which is designed
917+and equipped to transport individuals on a stretc her or gurney type
918+apparatus. Vehicles used as stretcher vans shall meet such
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945+standards as may be required by the Commissioner for approval and
946+shall display evidence of l icensure at all times. The Commissioner
947+shall not establish Federal Specification K KK-A-1822 ambulance
948+standards for stretcher vans; provided, a stretcher van shall meet
949+Ambulance Manufacturers Division (AMD) Standards 004, 012 and 013,
950+and shall pass corresponding safety tests. Stretcher van services
951+shall only be permitted and approve d by the Commissioner in
952+emergency medical service regions, ambulance service districts, or
953+counties with populations in excess of five hundred thousand
954+(500,000) people. Notwithstanding the provisions of this p aragraph,
955+stretcher van transports may be ma de to and from any federal or
956+state veterans facility. Stretcher vans may carry and provide
957+oxygen and may carry and utilize any equipment necessary for the
958+provision of oxygen;
959+26. "Stretcher van passenger " means any person who is or will
960+be transported in a reclining position on a stretcher or gurney, who
961+is medically stable, nonemergent and d oes not require any medical
962+monitoring equipment or assistance during transport except oxygen.
963+Passengers must be auth orized as qualified to be transported by
964+stretcher van. Passengers shall be authorized through screening
965+provided by a certified medical dispatching protocol approved by the
966+Department. All patients being transport ed to or from any medically
967+licensed facility shall be screened before transport. A ny patient
968+transported without screening shall be a violation of Commissioner
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995+rule by the transporting company and subject to administrative
996+procedures of the Department; a nd
997+27. "Transport protocol" means the written instructions
998+governing decision-making at the scene of a medical emergency by
268999 ambulance personnel regarding the selection of the h ospital to which
2691000 the patient shall be transported. Transport protocols shall b e
2701001 developed by the regional medical dire ctor for a regional emergency
2711002 medical services system or by the Department if no regional
2721003 emergency medical services system has been esta blished. Such
2731004 transport protocols shall adhere to, at a minimum, the following
2741005 guidelines:
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2761006 a. nonemergency, routine tr ansport shall be to the
2771007 facility of the pati ent's choice,
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2791008 b. urgent or emergency transport no t involving life-
2801009 threatening medical illness or injury shall be to the
2811010 nearest facility, or, subject to transport
2821011 availability and system area coverage, to the fac ility
2831012 of the patient's choice, and
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2861014 require transport to the nearest health care facility
2871015 appropriate to the needs of the patient as established
2881016 by regional or state guidelines, and
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2911018 when a patient's apparent clinical condition, as
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2921045 defined by applicable medical treatment protocols,
2931046 does not warrant emergency ambulance transport, and
294-nontransport of patient s is authorized pursuant to
1047+non-transport of patients is auth orized pursuant to
2951048 applicable medical tr eatment protocols established by
2961049 the regional medical director.
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298-SECTION 2. This act shall become effective November 1, 2022.
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301-ENR. S. B. NO. 1515 Page 8
302-Passed the Senate the 10th day of May, 2022.
1050+SECTION 4. This act shall become effective November 1, 2022.
1051+Passed the Senate the 1st day of March, 2022.
3031052
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3061055 Presiding Officer of the Senate
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309-Passed the House of Representatives the 27th day of April, 2022.
1058+Passed the House of Representatives the ____ day of __________,
1059+2022.
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3131063 Presiding Officer of the House
3141064 of Representatives
3151065
316-OFFICE OF THE GOVERNOR
317-Received by the Office of the Governor this ____________________
318-day of _________________ __, 20_______, at _______ o'clock _______ M.
319-By: _______________________________ __
320-Approved by the Governor of the State of Oklahoma this _____ ____
321-day of _________________ __, 20_______, at _______ o'clock _______ M.
3221066
323- _________________________________
324- Governor of the State of Oklahoma
325-
326-
327-OFFICE OF THE SECRETARY OF STATE
328-Received by the Office of the Secretary of State this _______ ___
329-day of __________________, 20 _______, at _______ o'clock _______ M.
330-By: _________________________________