02-28 15:49 2nd Sub. (Salmon) S.B. 215
Derrin R. Owens proposes the following substitute bill:
1
Emergency Medical Services Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Derrin R. Owens
House Sponsor: Jefferson Moss
2
3
LONG TITLE
4
General Description:
5
This bill addresses ground ambulance interfacility transport services.
6
Highlighted Provisions:
7
This bill:
8
▸ grants authority to and requires municipalities and counties to ensure that a minimum
9
level of ground ambulance interfacility transport services are provided within the
10
respective municipality or county;
11
▸ requires a municipality or county to conduct a review and evaluation of emergency
12
medical service provider's sevices every four years;
13
▸ requires a municipality or county to request competitive sealed proposals for the purpose
14
of evaluating alternative qualified emergency medical service providers;
15
▸ removes the Bureau of Emergency Medical Services Management (bureau) from
16
involvement in the process by which a municipality or county selects emergency
17
medical service providers, except verifying and providing notice that an applicant
18
emergency medical service provider meets minimum requirements;
19
▸ recognizes the bureau's jurisdiction to discipline non-911 ambulance service providers;
20
▸ requires a county or municipality to:
21
● offer a first right to provide interfacility transports to the current 911 ambulance
22
service provider;
23
● conduct formal reviews of 911 service providers and interfacility transport service
24
providers;
25
▸ grants investigative authority to the bureau;
26
▸ makes it a class B misdemeanor to willfully disobey a valid subpoena or cease and desist
27
letter from the bureau; and
28
▸ makes technical changes.
2nd Sub. S.B. 215 2nd Sub. (Salmon) S.B. 215 02-28 15:49
29
Money Appropriated in this Bill:
30
None
31
Other Special Clauses:
32
None
33
Utah Code Sections Affected:
34
AMENDS:
35
11-48-103, as last amended by Laws of Utah 2024, Chapter 506
36
53-2d-103, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310 and
37
last amended by Coordination Clause, Laws of Utah 2023, Chapter 307
38
53-2d-505, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310
39
53-2d-604, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310
40
53-2d-607, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310 and
41
last amended by Coordination Clause, Laws of Utah 2023, Chapter 307
42
ENACTS:
43
53-2d-606.5, Utah Code Annotated 1953
44
REPEALS:
45
53-2d-505.1, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310
46
53-2d-505.2, as last amended by Laws of Utah 2023, Chapter 16 and renumbered and
47
amended by Laws of Utah 2023, Chapters 307, 310
48
53-2d-505.3, as last amended by Laws of Utah 2023, Chapter 435 and renumbered and
49
amended by Laws of Utah 2023, Chapters 307, 310
50
53-2d-505.4, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310 and
51
last amended by Coordination Clause, Laws of Utah 2023, Chapter 307
52
53-2d-505.5, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310
53
53-2d-506, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310
54
53-2d-507, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310
55
53-2d-508, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310
56
53-2d-509, as last amended by Laws of Utah 2024, Chapter 147
57
58
Be it enacted by the Legislature of the state of Utah:
59
Section 1. Section 11-48-103 is amended to read:
60
11-48-103 . Provision of ambulance services in municipalities and counties.
61
(1) The governing body of each municipality and county has exclusive authority to and
62
shall, subject to Title 53, Chapter 2d, Part 5, Ambulance and Paramedic Providers,
- 2 - 02-28 15:49 2nd Sub. (Salmon) S.B. 215
63
ensure at least a minimum level of 911 ambulance services and ground ambulance
64
interfacility transport services are provided:
65
(a) within the territorial limits of the municipality or county;
66
(b) by a ground ambulance provider, licensed by the Bureau of Emergency Medical
67
Services under Title 53, Chapter 2d, Part 5, Ambulance and Paramedic Providers; and
68
(c) in accordance with rules established by the Trauma System and Emergency Medical
69
Services Committee under Section 53-2d-105.
70
(2)(a) A municipality or county may:
71
[(a)] (i) [subject to Subsection (3), ] provide, maintain, and support 911 ambulance
72
services for the municipality's or county's own jurisdiction; or
73
[(b)] (ii) [contract to:] enter into an interlocal agreement or procurement contract with
74
a public or private entity to provide, receive, support, or maintain, 911 ambulance
75
services or ground ambulance interfacility transport services, under any
76
arrangement and to any extent that the municipality or county determines.
77
[(i) provide 911 ambulance services to any county, municipal corporation, special
78
district, special service district, interlocal entity, private corporation, nonprofit
79
corporation, state agency, or federal agency;]
80
[(ii) receive 911 ambulance services from any county, municipal corporation, special
81
district, special service district, interlocal entity, private corporation, nonprofit
82
corporation, state agency, or federal agency;]
83
[(iii) jointly provide 911 ambulance services with any county, municipal corporation,
84
special district, special service district, interlocal entity, private corporation,
85
nonprofit corporation, state agency, or federal agency; or]
86
[(iv) contribute toward the support of 911 ambulance services in any county,
87
municipal corporation, special district, special service district, interlocal entity,
88
private corporation, nonprofit corporation, state agency, or federal agency in
89
return for 911 ambulance services.]
90
(b)(i) A municipality or county shall enter into an interlocal agreement with a public
91
or private entity for the provision of backup interfacility transport services.
92
(ii) An interlocal agreement described in Subsection (2)(b)(i) may be used when the
93
primary interfacility transport service provider is unavailable.
94
(iii) A municipality or county shall share a copy of the interlocal agreement described
95
in Subsection (2)(b)(i) with dispatchers and health care facilities within the
96
municipality's or county's jurisdiction.
- 3 - 2nd Sub. (Salmon) S.B. 215 02-28 15:49
97
(3)(a) Subject to Subsections (3)(b) and (c), at the expiration of a license term under
98
Subsection 53-2d-501, a county or municipality shall offer a first right to provide
99
interfacility transports for an area to the current 911 ambulance service provider for
100
that area.
101
(b) If the first right under Subsection (3)(a) is not exercised, the county or municipality
102
shall ensure that 911 ambulance services are provided in accordance with this section.
103
(c) If the current 911 ambulance service provider under Subsection (3)(a) is not the
104
current interfacility transport provider, the current interfacility provider's license shall
105
remain intact until the later of:
106
(i) two years after the enactment of this subsection; or
107
(ii) the day of the next formal review conducted in accordance with Subsection (4).
108
(4)(a) A county or municipality shall conduct a formal review of 911 service providers
109
and interfacility transport service providers:
110
(i) not less than every four years;
111
(ii) in an open and public meeting in accordance with Title 52, Chapter 4, Open and
112
Public Meetings Act; and
113
(iii) not more than three months prior to the day on which the current license will
114
expire under Subsection 53-2d-501(2).
115
(b) The review under Subsection (4)(a) shall evaluate the cost, quality, and access goals
116
for the county's or municipality's emergency medical services in the geographic area
117
pursuant to rule made by the division; and
118
(c) The county or municipality conducting a review under Section (4)(b) shall issue a
119
request for a competitive sealed proposal for the purpose of evaluating alternative
120
qualified emergency medical service providers and interfacility transport providers,
121
including for-profit emergency management service providers, government-operated
122
emergency management service providers, and quasi-governmental emergency
123
management service providers.
124
[(3)] (5)[(a)] A municipality or county that provides, maintains, and supports 911
125
ambulance services for the municipality's or county's own jurisdiction under
126
Subsection (2)(a) shall obtain a license as a ground ambulance provider from the
127
Bureau of Emergency Medical Services under Title 53, Chapter 2d, Part 5,
128
Ambulance and Paramedic Providers.
129
[(b) Sections 53-2d-505 through 53-2d-505.3 do not apply to a license described in
130
Subsection (3)(a).]
- 4 - 02-28 15:49 2nd Sub. (Salmon) S.B. 215
131
Section 2. Section 53-2d-103 is amended to read:
132
53-2d-103 . Bureau duties -- Data sharing.
133
(1) The bureau shall:
134
(a) coordinate the emergency medical services within the state;
135
(b) administer and enforce any programs and applicable rules created under this chapter;
136
(c) establish a voluntary task force representing a diversity of emergency medical
137
service providers to advise the bureau and the committee on rules;
138
(d) establish an emergency medical service personnel peer review board to advise the
139
bureau concerning discipline of emergency medical service personnel under this
140
chapter; and
141
(e) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
142
Rulemaking Act, to:
143
(i) license ambulance providers and paramedic providers;
144
(ii) permit ambulances, emergency medical response vehicles, and nonemergency
145
secured behavioral health transport vehicles, including approving an emergency
146
vehicle operator's course in accordance with Section 53-2d-404;
147
(iii) establish:
148
(A) the qualifications for membership of the peer review board created by this
149
section;
150
(B) a process for placing restrictions on a license while an investigation is pending;
151
(C) the process for the investigation and recommendation by the peer review
152
board; and
153
(D) the process for determining the status of a license while a peer review board
154
investigation is pending;
155
(iv) establish application, submission, and procedural requirements for licenses,
156
designations, and permits; and
157
(v) establish and implement the programs, plans, and responsibilities as specified in
158
other sections of this chapter.
159
(2)(a) The bureau shall share data related to the bureau's duties with the Department of
160
Health and Human Services.
161
(b) The Department of Health and Human Services shall share data related to the
162
bureau's duties with the bureau.
163
(c) All data collected by the bureau under this chapter is subject to Title 26B, Chapter 8,
164
Part 4, Health Statistics, including data privacy protections.
- 5 - 2nd Sub. (Salmon) S.B. 215 02-28 15:49
165
Section 3. Section 53-2d-505 is amended to read:
166
53-2d-505 . Ground ambulance and paramedic licenses.
167
[(1)] If the bureau determines that the application meets the minimum requirements for
168
licensure under Section 53-2d-504, the bureau shall issue a notice of the approved
169
application to the applicant.
170
[(2) A current license holder responding to a request for proposal under Section 53-2d-505.2
171
is considered an approved applicant for purposes of Section 53-2d-505.2 if the current
172
license holder, prior to responding to the request for proposal, submits the following to
173
the department:]
174
[(a) the information described in Subsections 53-2d-504(4)(a)(i) through (iii); and]
175
[(b)(i) if the license holder is a private entity, a financial statement, a pro forma
176
budget and necessary letters of credit demonstrating a financial ability to expand
177
service to a new service area; or]
178
[(ii) if the license holder is a governmental entity, a letter from the governmental
179
entity's governing body demonstrating the governing body's willingness to
180
financially support the application.]
181
Section 4. Section 53-2d-604 is amended to read:
182
53-2d-604 . Discipline of designated and licensed providers.
183
(1) The bureau may refuse to issue a license or designation or a renewal, or revoke,
184
suspend, restrict, or place on probation, [an] any emergency medical service provider's
185
license or designation, including the license or designation of a non-911 service provider,
186
if the provider has:
187
(a) failed to abide by terms of the license or designation;
188
(b) violated statute or rule;
189
(c) failed to provide services at the level or in the exclusive geographic service area
190
required by the license or designation;
191
(d) failed to submit a renewal application in a timely fashion as required by department
192
rule;
193
(e) failed to follow operational standards established by the committee; or
194
(f) committed an act in the performance of a professional duty that endangered the
195
public or constituted gross negligence.
196
(2)(a) An action to revoke, suspend, restrict, or place a license or designation on
197
probation shall be done in accordance with Title 63G, Chapter 4, Administrative
198
Procedures Act.
- 6 - 02-28 15:49 2nd Sub. (Salmon) S.B. 215
199
(b) Notwithstanding Subsection (2)(a), the department may issue a cease and desist
200
order under Section 53-2d-607 to immediately suspend a license or designation
201
pending an administrative proceeding to be held within 30 days if there is evidence to
202
show that the provider or facility poses a clear, immediate, and unjustifiable threat or
203
potential threat to the public health, safety, or welfare.
204
Section 5. Section 53-2d-606.5 is enacted to read:
205
53-2d-606.5 . Investigative authority of the bureau -- Subpoenas -- Criminal
206
penalty.
207
(1) In connection with conducting a formal investigation or any matters pending before the
208
peer review board, the bureau may administer oaths and affirmations, subpoena
209
witnesses, take evidence, and require by subpoena duces tecum the production of
210
relevant papers, records, or other documents or information.
211
(2) A person who willfully disobeys a valid subpoena issued by the bureau is guilty of a
212
class B misdemeanor.
213
Section 6. Section 53-2d-607 is amended to read:
214
53-2d-607 . Cease and desist letters -- Criminal penalty.
215
(1) The bureau may issue a cease and desist order to any person who:
216
[(1)] (a) may be disciplined under Section 53-2d-603 or 53-2d-604; or
217
[(2)] (b) otherwise violates this chapter or any rules adopted under this chapter.
218
(2) An individual who willfully disobeys a valid cease and desist letter issued by the bureau
219
is guilty of a class B misdemeanor.
220
Section 7. Repealer.
221
This bill repeals:
222
Section 53-2d-505.1, Selection of provider by political subdivision.
223
Section 53-2d-505.2, Selection of provider -- Request for competitive sealed proposal --
224
Public convenience and necessity.
225
Section 53-2d-505.3, Use of competitive sealed proposals -- Procedure -- Appeal rights.
226
Section 53-2d-505.4, Non-911 provider -- Finding of meritorious complaint -- Request
227
for proposals.
228
Section 53-2d-505.5, Use of competitive sealed proposals -- Procedure -- Appeal rights.
229
Section 53-2d-506, Ground ambulance and paramedic licenses -- Parties.
230
Section 53-2d-507, Ground ambulance and paramedic licenses -- Proceedings.
231
Section 53-2d-508, Criteria for determining public convenience and necessity.
232
Section 53-2d-509, Ground ambulance and paramedic licenses -- Hearing and presiding
- 7 - 2nd Sub. (Salmon) S.B. 215 02-28 15:49
233
officers.
234
Section 8. Effective Date.
235
This bill takes effect on May 7, 2025.
- 8 -