02-19 10:04 1st Sub. (Green) S.B. 215
Derrin R. Owens proposes the following substitute bill:
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Emergency Medical Services Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Derrin R. Owens
House Sponsor:
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LONG TITLE
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General Description:
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This bill addresses ground ambulance interfacility transport services.
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Highlighted Provisions:
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This bill:
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▸ grants authority to and requires municipalities and counties to ensure that a minimum
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level of ground ambulance interfacility transport services are provided within the
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respective municipality or county;
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▸ removes the Bureau of Emergency Medical Services Management (bureau) from
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involvement in the process by which a municipality or county selects emergency
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medical service providers, except verifying and providing notice that an applicant
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emergency medical service provider meets minimum requirements;
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▸ recognizes the bureau's jurisdiction to discipline non-911 ambulance service providers;
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▸ requires a county or municipality to:
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● offer a first right to provide interfacility transports to the current 911 ambulance
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service provider;
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● conduct formal reviews of 911 service providers and interfacility transport service
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providers;
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▸ grants investigative authority to the bureau;
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▸ makes it a class B misdemeanor to willfully disobey a valid subpoena or cease and desist
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letter from the bureau; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
1st Sub. S.B. 215 1st Sub. (Green) S.B. 215 02-19 10:04
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Utah Code Sections Affected:
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AMENDS:
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11-48-103, as last amended by Laws of Utah 2024, Chapter 506
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53-2d-103, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310 and
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last amended by Coordination Clause, Laws of Utah 2023, Chapter 307
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53-2d-505, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310
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53-2d-604, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310
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53-2d-607, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310 and
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last amended by Coordination Clause, Laws of Utah 2023, Chapter 307
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ENACTS:
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53-2d-606.5, Utah Code Annotated 1953
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REPEALS:
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53-2d-505.1, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310
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53-2d-505.2, as last amended by Laws of Utah 2023, Chapter 16 and renumbered and
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amended by Laws of Utah 2023, Chapters 307, 310
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53-2d-505.3, as last amended by Laws of Utah 2023, Chapter 435 and renumbered and
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amended by Laws of Utah 2023, Chapters 307, 310
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53-2d-505.4, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310 and
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last amended by Coordination Clause, Laws of Utah 2023, Chapter 307
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53-2d-505.5, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310
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53-2d-506, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310
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53-2d-507, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310
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53-2d-508, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310
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53-2d-509, as last amended by Laws of Utah 2024, Chapter 147
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 11-48-103 is amended to read:
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11-48-103 . Provision of ambulance services in municipalities and counties.
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(1) The governing body of each municipality and county has exclusive authority to and
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shall, subject to Title 53, Chapter 2d, Part 5, Ambulance and Paramedic Providers,
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ensure at least a minimum level of 911 ambulance services and ground ambulance
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interfacility transport services are provided:
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(a) within the territorial limits of the municipality or county;
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(b) by a ground ambulance provider, licensed by the Bureau of Emergency Medical
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Services under Title 53, Chapter 2d, Part 5, Ambulance and Paramedic Providers; and
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(c) in accordance with rules established by the Trauma System and Emergency Medical
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Services Committee under Section 53-2d-105.
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(2) A municipality or county may:
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(a) [subject to Subsection (3), ] provide, maintain, and support 911 ambulance services
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for the municipality's or county's own jurisdiction; or
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(b) [contract to:] enter into an interlocal agreement or procurement contract with a public
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or private entity to provide, receive, support, or maintain, 911 ambulance services or
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ground ambulance interfacility transport services, under any arrangement and to any
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extent that the municipality or county determines.
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[(i) provide 911 ambulance services to any county, municipal corporation, special
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district, special service district, interlocal entity, private corporation, nonprofit
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corporation, state agency, or federal agency;]
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[(ii) receive 911 ambulance services from any county, municipal corporation, special
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district, special service district, interlocal entity, private corporation, nonprofit
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corporation, state agency, or federal agency;]
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[(iii) jointly provide 911 ambulance services with any county, municipal corporation,
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special district, special service district, interlocal entity, private corporation,
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nonprofit corporation, state agency, or federal agency; or]
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[(iv) contribute toward the support of 911 ambulance services in any county,
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municipal corporation, special district, special service district, interlocal entity,
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private corporation, nonprofit corporation, state agency, or federal agency in
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return for 911 ambulance services.]
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(3)(a) Subject to Subsections (3)(b) and (c), at the expiration of a license term under
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Subsection 53-2d-501, a county or municipality shall offer a first right to provide
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interfacility transports for an area to the current 911 ambulance service provider for
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that area.
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(b) If the first right under Subsection (3)(a) is not exercised, the county or municipality
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shall ensure that 911 ambulance services are provided in accordance with this section.
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(c) If the current 911 ambulance service provider under Subsection (3)(a) is not the
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current interfacility transport provider, the current interfacility provider's license shall
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remain intact through the next formal review conducted in accordance with
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Subsection (4).
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(4) A county or municipality shall conduct a formal review of 911 service providers and
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interfacility transport service providers:
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(a) not less than every eight years;
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(b) in an open and public meeting in accordance with Title 52, Chapter 4, Open and
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Public Meetings Act; and
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(c) not more than three months prior to the day on which the current license will expire
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under Subsection 53-2d-501(2).
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[(3)] (5)[(a)] A municipality or county that provides, maintains, and supports 911
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ambulance services for the municipality's or county's own jurisdiction under
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Subsection (2)(a) shall obtain a license as a ground ambulance provider from the
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Bureau of Emergency Medical Services under Title 53, Chapter 2d, Part 5,
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Ambulance and Paramedic Providers.
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[(b) Sections 53-2d-505 through 53-2d-505.3 do not apply to a license described in
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Subsection (3)(a).]
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Section 2. Section 53-2d-103 is amended to read:
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53-2d-103 . Bureau duties -- Data sharing.
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(1) The bureau shall:
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(a) coordinate the emergency medical services within the state;
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(b) administer and enforce any programs and applicable rules created under this chapter;
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(c) establish a voluntary task force representing a diversity of emergency medical
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service providers to advise the bureau and the committee on rules;
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(d) establish an emergency medical service personnel peer review board to advise the
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bureau concerning discipline of emergency medical service personnel under this
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chapter; and
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(e) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
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Rulemaking Act, to:
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(i) license ambulance providers and paramedic providers;
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(ii) permit ambulances, emergency medical response vehicles, and nonemergency
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secured behavioral health transport vehicles, including approving an emergency
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vehicle operator's course in accordance with Section 53-2d-404;
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(iii) establish:
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(A) the qualifications for membership of the peer review board created by this
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section;
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(B) a process for placing restrictions on a license while an investigation is pending;
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(C) the process for the investigation and recommendation by the peer review
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board; and
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(D) the process for determining the status of a license while a peer review board
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investigation is pending;
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(iv) establish application, submission, and procedural requirements for licenses,
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designations, and permits; and
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(v) establish and implement the programs, plans, and responsibilities as specified in
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other sections of this chapter.
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(2)(a) The bureau shall share data related to the bureau's duties with the Department of
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Health and Human Services.
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(b) The Department of Health and Human Services shall share data related to the
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bureau's duties with the bureau.
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(c) All data collected by the bureau under this chapter is subject to Title 26B, Chapter 8,
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Part 4, Health Statistics, including data privacy protections.
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Section 3. Section 53-2d-505 is amended to read:
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53-2d-505 . Ground ambulance and paramedic licenses.
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[(1)] If the bureau determines that the application meets the minimum requirements for
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licensure under Section 53-2d-504, the bureau shall issue a notice of the approved
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application to the applicant.
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[(2) A current license holder responding to a request for proposal under Section 53-2d-505.2
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is considered an approved applicant for purposes of Section 53-2d-505.2 if the current
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license holder, prior to responding to the request for proposal, submits the following to
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the department:]
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[(a) the information described in Subsections 53-2d-504(4)(a)(i) through (iii); and]
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[(b)(i) if the license holder is a private entity, a financial statement, a pro forma
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budget and necessary letters of credit demonstrating a financial ability to expand
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service to a new service area; or]
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[(ii) if the license holder is a governmental entity, a letter from the governmental
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entity's governing body demonstrating the governing body's willingness to
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financially support the application.]
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Section 4. Section 53-2d-604 is amended to read:
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53-2d-604 . Discipline of designated and licensed providers.
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(1) The bureau may refuse to issue a license or designation or a renewal, or revoke,
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suspend, restrict, or place on probation, [an] any emergency medical service provider's
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license or designation, including the license or designation of a non-911 service provider,
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if the provider has:
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(a) failed to abide by terms of the license or designation;
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(b) violated statute or rule;
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(c) failed to provide services at the level or in the exclusive geographic service area
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required by the license or designation;
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(d) failed to submit a renewal application in a timely fashion as required by department
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rule;
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(e) failed to follow operational standards established by the committee; or
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(f) committed an act in the performance of a professional duty that endangered the
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public or constituted gross negligence.
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(2)(a) An action to revoke, suspend, restrict, or place a license or designation on
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probation shall be done in accordance with Title 63G, Chapter 4, Administrative
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Procedures Act.
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(b) Notwithstanding Subsection (2)(a), the department may issue a cease and desist
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order under Section 53-2d-607 to immediately suspend a license or designation
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pending an administrative proceeding to be held within 30 days if there is evidence to
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show that the provider or facility poses a clear, immediate, and unjustifiable threat or
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potential threat to the public health, safety, or welfare.
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Section 5. Section 53-2d-606.5 is enacted to read:
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53-2d-606.5 . Investigative authority of the bureau -- Subpoenas -- Criminal
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penalty.
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(1) In connection with conducting a formal investigation or any matters pending before the
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peer review board, the bureau may administer oaths and affirmations, subpoena
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witnesses, take evidence, and require by subpoena duces tecum the production of
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relevant papers, records, or other documents or information.
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(2) A person who willfully disobeys a valid subpoena issued by the bureau is guilty of a
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class B misdemeanor.
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Section 6. Section 53-2d-607 is amended to read:
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53-2d-607 . Cease and desist letters -- Criminal penalty.
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(1) The bureau may issue a cease and desist order to any person who:
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[(1)] (a) may be disciplined under Section 53-2d-603 or 53-2d-604; or
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[(2)] (b) otherwise violates this chapter or any rules adopted under this chapter.
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(2) An individual who willfully disobeys a valid cease and desist letter issued by the bureau
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is guilty of a class B misdemeanor.
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Section 7. Repealer.
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This bill repeals:
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Section 53-2d-505.1, Selection of provider by political subdivision.
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Section 53-2d-505.2, Selection of provider -- Request for competitive sealed proposal --
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Public convenience and necessity.
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Section 53-2d-505.3, Use of competitive sealed proposals -- Procedure -- Appeal rights.
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Section 53-2d-505.4, Non-911 provider -- Finding of meritorious complaint -- Request
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for proposals.
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Section 53-2d-505.5, Use of competitive sealed proposals -- Procedure -- Appeal rights.
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Section 53-2d-506, Ground ambulance and paramedic licenses -- Parties.
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Section 53-2d-507, Ground ambulance and paramedic licenses -- Proceedings.
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Section 53-2d-508, Criteria for determining public convenience and necessity.
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Section 53-2d-509, Ground ambulance and paramedic licenses -- Hearing and presiding
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officers.
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Section 8. Effective Date.
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This bill takes effect on May 7, 2025.
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