Oregon Chapter 682
Chapter 682 — Regulation of Ambulance Services and Emergency Medical PersonnelDownload Full 2005 Oregon Revised Statutes (coming soon!)
Download Full 2007 Oregon Revised Statutes (coming soon!)
View 2005 version of these codes
Code Resources
Oregon Resources
Oregon Website
Oregon Governor
Oregon Legislature
Oregon Courts
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
Chapter 682 —
Regulation of Ambulance Services and
Emergency Medical
Personnel
2007 EDITION
AMBULANCES AND EMERGENCY MEDICAL PERSONNEL
OCCUPATIONS AND PROFESSIONS
GENERAL PROVISIONS
682.017 Rulemaking
authority generally
682.019 Authority
to receive and disburse federal funds
682.025 Definitions
682.027 Definition
of “ambulance services” for ORS 682.031, 682.062 and 682.066
682.028 False
statements and misrepresentations regarding license or certification prohibited
682.031 Authority
to enact local ordinances regulating ambulances and emergency medical
technicians
682.035 Application
of ORS chapter 682
682.039 State
Emergency Medical Service Committee; qualifications, terms, duties and
compensation
AMBULANCE SERVICES
682.041 Legislative
intent regarding regulation of ambulance services
682.045 Licenses;
form and contents; future responsibility filing
682.047 Issuance
of license; duration; transferability; display; replacement; fees; rules
682.051 Unlawful
operation of unlicensed ambulance vehicle or unlicensed ambulance service;
penalty
682.056 Information
regarding person who is subject of prehospital care event; use of information;
confidentiality; fee
682.062 County
plan for ambulance and emergency medical services; rules
682.063 Requirements
for adoption and review of ambulance service plan by counties
682.066 Provision
of ambulance services when county plan not adopted
682.068 Rulemaking
authority with respect to minimum requirements for vehicles and services
682.071 Exchange
of services agreement for ambulance and emergency medical services
682.075 State
Emergency Medical Service Committee and department to adopt rules regarding
ambulance construction, maintenance and operation; compliance with rules
required to obtain license
682.079 Authority
to grant exemptions or variances; rules
682.085 Department
authorized to inspect ambulance vehicles and services; authority to suspend or
revoke license
682.089 Replacement
of one ambulance service by another
682.105 Proof
of financial responsibility required to obtain license; amounts; form of proof
682.107 Form
of insurance used to satisfy financial responsibility requirement; cancellation
or termination; coverage; multiple insurers
682.109 Bonds,
letters of credit or certificates of deposit used to prove financial
responsibility
682.111 Requirements
for bonds
682.113 Action
against surety on bond by judgment creditor
682.117 Methods
of satisfying financial responsibility requirements; use of deposit
EMERGENCY MEDICAL PERSONNEL
682.204 Emergency
medical technicians required to be certified; defense to charge of activity by
uncertified person; exemptions from certificate requirement
682.208 Certificates
to be obtained from department; form and contents
682.212 Application
fee; examination fee
682.216 Issuance
of certificates; fees; provisional certification; indorsement certification;
continuing education; renewal; rules; driver license requirement
682.220 Denial,
suspension or revocation of license and emergency medical technician
certificate; investigation; confidentiality of information
682.224 Discipline;
purpose; civil penalty
682.245 Rulemaking
authority with respect to scope of practice of EMTs and first responders;
qualifications of supervising physician
682.265 Prohibition
against misleading actions regarding qualifications
PENALTIES
682.991 Civil
and criminal penalties
682.010 [Amended by 1961 c.248 §1; 1969 c.276 §1; 1981 c.339 §6; 1983 c.486 §59;
renumbered 677.805]
GENERAL PROVISIONS
682.015 [Formerly 823.010; renumbered 682.051 in
2003]
682.017
Rulemaking authority generally.
(1) In accordance with ORS chapter 183, the Department of Human Services may
adopt and may when necessary amend or repeal such rules as are necessary for
carrying out this chapter.
(2) The department is authorized and
directed to establish appropriate rules in accordance with the provisions of
ORS chapter 183 concerning the administration of this chapter. Such rules may
deal with, but are not limited to, such matters as criteria for requirements,
types and numbers of emergency vehicles including supplies and equipment
carried, requirements for the operation and coordination of ambulances and
other emergency care systems, criteria for the use of two-way communications,
procedures for summoning and dispatching aid and other necessary and proper
matters. [Formerly 682.215]
682.019
Authority to receive and disburse federal funds. The Department of Human Services may receive
and disburse such federal funds as may be available for carrying out any of the
provisions of ORS 820.330 to 820.380 or this chapter. [Formerly 682.295]
682.020 [Amended by 1961 c.248 §2; 1969 c.276 §2;
1983 c.486 §60; renumbered 677.810]
682.025
Definitions. As used in this
chapter, unless the context requires otherwise:
(1) “Ambulance” or “ambulance vehicle”
means any privately or publicly owned motor vehicle, aircraft or watercraft
that is regularly provided or offered to be provided for the emergency
transportation of persons who are ill or injured or who have disabilities.
(2) “Ambulance service” means any person,
governmental unit, corporation, partnership, sole proprietorship or other
entity that operates ambulances and that holds itself out as providing
prehospital care or medical transportation to persons who are ill or injured or
who have disabilities.
(3) “Board” means the Oregon Medical
Board.
(4) “Department” means the Department of
Human Services.
(5) “Emergency care” means the performance
of acts or procedures under emergency conditions in the observation, care and
counsel of persons who are ill or injured or who have disabilities; in the
administration of care or medications as prescribed by a licensed physician,
insofar as any of these acts is based upon knowledge and application of the
principles of biological, physical and social science as required by a
completed course utilizing an approved curriculum in prehospital emergency
care. However, “emergency care” does not include acts of medical diagnosis or
prescription of therapeutic or corrective measures.
(6) “Emergency medical technician” or “EMT”
means a person who has received formal training in prehospital and emergency
care, and is state certified to attend any person who is ill or injured or who
has a disability. Police officers, firefighters, funeral home employees and
other personnel serving in a dual capacity one of which meets the definition of
“emergency medical technician” are “emergency medical technicians” within the
meaning of this chapter.
(7) “First responder” means a person who
has successfully completed a first responder training course approved by the
department and:
(a) Has been examined and certified as a
first responder by an authorized representative of the department to perform
basic emergency and nonemergency care procedures; or
(b) Has been otherwise designated as a
first responder by an authorized representative of the department to perform
basic emergency and nonemergency care procedures.
(8) “Fraud or deception” means the
intentional misrepresentation or misstatement of a material fact, concealment
of or failure to make known any material fact, or any other means by which
misinformation or false impression knowingly is given.
(9) “Governmental unit” means the state or
any county, municipality or other political subdivision or any department,
board or other agency of any of them.
(10) “Highway” means every public way,
thoroughfare and place, including bridges, viaducts and other structures within
the boundaries of this state, used or intended for the use of the general public
for vehicles.
(11) “Nonemergency care” means the
performance of acts or procedures on a patient who is not expected to die,
become permanently disabled or suffer permanent harm within the next 24 hours,
including but not limited to observation, care and counsel of a patient and the
administration of medications prescribed by a physician licensed under ORS
chapter 677, insofar as any of those acts are based upon knowledge and
application of the principles of biological, physical and social science and
are performed in accordance with scope of practice rules adopted by the Oregon
Medical Board in the course of providing prehospital care as defined by this
section.
(12) “Owner” means the person having all
the incidents of ownership in an ambulance service or an ambulance vehicle or
where the incidents of ownership are in different persons, the person, other
than a security interest holder or lessor, entitled to the possession of an
ambulance vehicle or operation of an ambulance service under a security agreement
or a lease for a term of 10 or more successive days.
(13) “Patient” means a person who is ill
or injured or who has a disability and who is transported in an ambulance.
(14) “Person” means any individual,
corporation, association, firm, partnership, joint stock company, group of
individuals acting together for a common purpose or organization of any kind
and includes any receiver, trustee, assignee or other similar representative
thereof.
(15) “Prehospital care” means that care
rendered by emergency medical technicians as an incident of the operation of an
ambulance as defined by this chapter and that care rendered by emergency
medical technicians as incidents of other public or private safety duties, and
includes, but is not limited to, “emergency care” as defined by this section.
(16) “Scope of practice” means the maximum
level of emergency or nonemergency care that an emergency medical technician
may provide.
(17) “Standing orders” means the written
protocols that an emergency medical technician follows to treat patients when
direct contact with a physician is not maintained.
(18) “Supervising physician” means a
medical or osteopathic physician licensed under ORS chapter 677, actively
registered and in good standing with the board, who provides direction of
emergency or nonemergency care provided by emergency medical technicians.
(19) “Unprofessional conduct” means
conduct unbecoming a person certified in emergency care, or detrimental to the
best interests of the public and includes:
(a) Any conduct or practice contrary to
recognized standards of ethics of the medical profession or any conduct or
practice which does or might constitute a danger to the health or safety of a
patient or the public or any conduct, practice or condition which does or might
impair an emergency medical technician’s ability safely and skillfully to
practice emergency or nonemergency care;
(b) Willful performance of any medical
treatment which is contrary to acceptable medical standards; and
(c) Willful and consistent utilization of
medical service for treatment which is or may be considered inappropriate or
unnecessary. [Formerly 823.020; 1997 c.249 §208; 1997 c.637 §§1,1a; 2007 c.70 §308]
682.027
Definition of “ambulance services” for ORS 682.031, 682.062 and 682.066. As used in ORS 682.031, 682.062 and 682.066,
“ambulance services” includes the transportation of an individual who is ill or
injured or who has a disability in an ambulance and, in connection therewith,
the administration of prehospital and out-of-hospital medical, emergency or
nonemergency care, if necessary. [Formerly 682.043; 2007 c.70 §309]
682.028
False statements and misrepresentations regarding license or certification
prohibited. (1) It is
unlawful for any person or governmental unit to:
(a) Intentionally make any false statement
on an application for an ambulance service license, ambulance vehicle license
or for certification as an emergency medical technician or first responder or
on any other documents required by the Department of Human Services; or
(b) Make any misrepresentation in seeking
to obtain or retain a certification or license.
(2) Any violation described in subsection
(1) of this section is also grounds for denial, suspension or revocation of a
certification or license under ORS 682.220. [Formerly 682.255]
682.030 [Renumbered 677.815]
682.031
Authority to enact local ordinances regulating ambulances and emergency medical
technicians. (1) As used in
this section, “political subdivision” includes counties, cities, districts,
authorities and other public corporations and entities organized and existing
under statute or charter.
(2) An ordinance of any political
subdivision regulating ambulance services or emergency medical technicians
shall not require less than is required under ORS 820.300 to 820.380, or this
chapter or the rules adopted by the Department of Human Services under this
chapter.
(3) When a political subdivision enacts an
ordinance regulating ambulance services or emergency medical technicians, the
ordinance must comply with the county plan for ambulance services and ambulance
service areas adopted under ORS 682.062 by the county in which the political
subdivision is situated and with the rules of the department relating to such
services and service areas. The determination of whether the ordinance is in
compliance with the county plan shall be made by the county governing body. [Formerly
682.275]
682.035
Application of ORS chapter 682.
ORS 820.330 to 820.380 and this chapter do not apply to:
(1) Ambulances owned by or operated under
the control of the United States Government.
(2) Vehicles being used to render
temporary assistance in the case of a major catastrophe or emergency with which
the ambulance services of the surrounding locality are unable to cope, or when
directed to be used to render temporary assistance by an official at the scene
of an accident.
(3) Vehicles operated solely on private
property or within the confines of institutional grounds, whether or not the
incidental crossing of any highway through the property or grounds is involved.
(4) Vehicles operated by lumber industries
solely for the transportation of lumber industry employees.
(5) Any person who drives or attends an
individual who is ill or injured or who has a disability, if the individual is
transported in a vehicle mentioned in subsections (1) to (4) of this section.
(6) Any person who otherwise by license is
authorized to attend patients. [Formerly 823.030; 2007 c.70 §310]
682.037 [1997 c.208 §1; renumbered 682.056 in 2003]
682.039
State Emergency Medical Service Committee; qualifications, terms, duties and
compensation. (1) The
Department of Human Services shall appoint a State Emergency Medical Service
Committee composed of 18 members as follows:
(a) Seven physicians licensed under ORS
chapter 677 whose practice consists of routinely treating emergencies such as
cardiovascular illness or trauma, appointed from a list submitted by the Oregon
Medical Board.
(b) Four emergency medical technicians
whose practices consist of routinely treating emergencies, including but not
limited to cardiovascular illness or trauma, at least one of whom is at the
lowest level of emergency medical technician certification established by the
department at the time of appointment. EMTs appointed pursuant to this
paragraph shall be selected from lists submitted by each area trauma advisory
board. The lists shall include nominations from entities including but not
limited to organizations that represent emergency care providers in
(c) One volunteer ambulance operator, one
person representing governmental agencies that provide ambulance services and
one person representing a private ambulance company.
(d) One hospital administrator.
(e) One nurse who has served at least two
years in the capacity of an emergency department nurse.
(f) One representative of an emergency
dispatch center.
(g) One community college or licensed
career school representative.
(2) The committee shall include at least
one resident but no more than three residents from each region served by one
area trauma advisory board at the time of appointment.
(3) Appointments shall be made for a term
of four years in a manner to preserve insofar as possible the representation of
the organization described in subsection (1) of this section. Vacancies shall
be filled for any unexpired term as soon as the department can make such
appointments. The committee shall choose its own chairperson and shall meet at
the call of the chairperson or the department administrator.
(4) The State Emergency Medical Service
Committee shall:
(a) Advise the department concerning the
adoption, amendment and repeal of rules authorized by this chapter;
(b) Assist the Emergency Medical Services
and Trauma Systems Program in providing state and regional emergency medical
services coordination and planning;
(c) Assist communities in identifying
emergency medical service system needs and quality improvement initiatives;
(d) Assist the Emergency Medical Services
and Trauma Systems Program in prioritizing, implementing and evaluating
emergency medical service system quality improvement initiatives identified by
communities;
(e) Review and prioritize rural community
emergency medical service funding requests and provide input to the Rural
Health Coordinating Council; and
(f) Review and prioritize funding requests
for rural community emergency medical service training and provide input to the
(5) The chairperson of the committee shall
appoint a subcommittee on EMT certification and discipline, consisting of five
physicians and four EMTs. The subcommittee shall advise the department and the
board on the adoption, amendment, repeal and application of rules concerning
ORS 682.204 to 682.220 and 682.245. The decisions of this subcommittee shall
not be subject to the review of the full State Emergency Medical Service
Committee.
(6) Members are entitled to compensation
as provided in ORS 292.495. [Formerly 682.195]
682.040 [Amended by 1961 c.248 §3; 1969 c.276 §3;
1973 c.827 §70; renumbered 677.820]
AMBULANCE
SERVICES
682.041
Legislative intent regarding regulation of ambulance services. The Legislative Assembly declares that the
regulation of ambulance services and the establishment of ambulance service
areas are important functions of counties, cities and rural fire protection
districts in this state. It is the intent of the Legislative Assembly in ORS
478.260, 682.027, 682.031, 682.041, 682.062, 682.063 and 682.066 to affirm the
authority of counties, cities and rural fire protection districts to regulate
ambulance services and areas and to exempt such regulation from liability under
federal antitrust laws. [Formerly 682.315]
682.043 [Formerly 682.325; renumbered 682.027 in
2005]
682.045
Licenses; form and contents; future responsibility filing. (1) A license for an ambulance service or
the operation of ambulance vehicles shall be obtained from the Department of
Human Services.
(2) Applications for licenses shall be
upon forms prescribed by the department and shall contain:
(a) The name and address of the person or
governmental unit owning the ambulance service or vehicle.
(b) If other than the applicant’s true
name, the name under which the applicant is doing business.
(c) In the case of an ambulance vehicle, a
description of the ambulance, including the make, model, year of manufacture,
registration number and the insignia name, monogram or other distinguishing
characteristics to be used to designate the applicant’s ambulance vehicles.
(d) The location and description of the
principal place of business of the ambulance service, and the locations and
descriptions of the place or places from which its ambulance is intended to
operate.
(e) Such other information as the
department may reasonably require to determine compliance with ORS 820.350 to
820.380 and this chapter and the rules adopted thereunder.
(3) Except in the case of governmental
units, the application shall be accompanied by future responsibility filing of
the type described under ORS 806.270. [Formerly 823.060]
682.047
Issuance of license; duration; transferability; display; replacement; fees;
rules. (1) When applications
have been made as required under ORS 682.045, the Department of Human Services
shall issue licenses to the owner if it is found that the ambulance service and
ambulance comply with the requirements of ORS 820.350 to 820.380 and this
chapter and the rules adopted thereunder.
(2) Each license unless sooner suspended
or revoked shall expire on the next June 30 or on such date as may be specified
by department rule.
(3) The department may initially issue a
license for less than a 12-month period or for more than a 12-month period not
to exceed 15 months.
(4) Licenses shall be issued only to the
owner of the ambulance service and only for the ambulance named in the
application and shall not be transferable to any other person, governmental
unit, ambulance service or ambulance.
(5) Licenses shall be displayed as
prescribed by the rules of the department.
(6) The department shall provide for the
replacement of any current license that becomes lost, damaged or destroyed. A
replacement fee of $10 shall be charged for each replacement license.
(7) Nonrefundable fees in the following
amounts shall accompany each initial and each subsequent annual application to
obtain a license to operate an ambulance service and ambulance:
(a) $75 for an ambulance service having a
maximum of four full-time paid positions;
(b) $250 for an ambulance service having
five or more full-time paid positions;
(c) $45 for each ambulance license if the
ambulance is owned and operated by an ambulance service that has a maximum of
four full-time paid positions; and
(d) $80 for each ambulance license if the
ambulance is owned and operated by an ambulance service having five or more
full-time paid positions.
(8) The fees established under subsection
(7) of this section do not apply to an ambulance or vehicle described under ORS
682.035. [Formerly 823.070; 1997 c.316 §1; 2007 c.768 §46]
682.050 [Amended by 1953 c.525 §6; 1969 c.276 §4;
1981 c.339 §7; 1983 c.486 §61; renumbered 677.825]
682.051
Unlawful operation of unlicensed ambulance vehicle or unlicensed ambulance
service; penalty. (1) A
person or governmental unit commits the offense of unlawful operation of an
unlicensed ambulance if, on and after July 1, 1983, or the offense of unlawful
operation of an unlicensed ambulance service if, on and after July 1, 1994, the
person or governmental unit advertises or operates in this state a motor
vehicle, aircraft or watercraft ambulance that:
(a) Is not operated by an ambulance
service licensed under this chapter;
(b) Is not licensed under this chapter;
and
(c) Does not meet the minimum requirements
established under this chapter by the Department of Human Services in consultation
with the State Emergency Medical Service Committee for that type of ambulance.
(2) As used in this section, “governmental
unit” and “person” have the meaning given those terms in ORS 682.025.
(3) This section does not apply to any
ambulance or any person if the ambulance or person is exempted by ORS 682.035
or 682.079 from regulation by the Department of Human Services.
(4) Authority of political subdivisions to
regulate ambulance services or to regulate or allow the use of ambulances is
limited under ORS 682.031.
(5) The offense described in this section,
unlawful operation of an unlicensed ambulance or ambulance service, is a Class
A misdemeanor. Each day of continuing violation shall be considered a separate
offense.
(6) In addition to the penalties
prescribed by subsection (5) of this section, the Department of Human Services
may impose upon a licensed ambulance service a civil penalty not to exceed
$5,000 for each violation of this chapter and the rules adopted thereunder.
Each day of continuing violation shall be considered a separate violation for
purposes of this subsection. [Formerly 682.015]
682.055 [1969 c.276 §6; renumbered 677.830]
682.056
Information regarding person who is subject of prehospital care event; use of
information; confidentiality; fee. (1) Upon the request of the designated official of an ambulance
service as defined in ORS 682.051, a first responder as defined in ORS 682.025,
the emergency medical services system authority in the county in which a
prehospital care event occurred or the Department of Human Services, a hospital
licensed under ORS chapter 441 may provide to the requester the following
information:
(a) The disposition of the person who was
the subject of the prehospital care event from the emergency department or
other intake facility of the hospital, including but not limited to:
(A) Whether the person was admitted to the
hospital; and
(B) If the person was admitted, to what
unit the person was assigned;
(b) The diagnosis given the person in the
emergency department or other intake facility; and
(c) Whether within the first hour after
the person arrived at the hospital, the person received one or more medical
procedures on a list that the Department of Human Services shall establish by
rule.
(2) Information provided pursuant to
subsection (1) of this section shall be:
(a) Treated as a confidential medical
record and not disclosed;
(b) Considered privileged data under ORS
41.675 and 41.685; and
(c) Used only for legitimate medical
quality assurance and quality improvement activities.
(3) A hospital may charge a fee reasonably
related to the actual cost of providing the information requested pursuant to
this section.
(4) For purposes of this section, “emergency
medical services system” has the meaning given in ORS 41.685. [Formerly
682.037]
Note: 682.056 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 682 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
682.060 [Renumbered 677.835]
682.062
County plan for ambulance and emergency medical services; rules. (1) Each county shall develop a plan for the
county or two or more contiguous counties may develop a plan relating to the
need for and coordination of ambulance services and establish one or more
ambulance service areas consistent with the plan for the efficient and
effective provision of ambulance services.
(2) Each person, city or rural fire
protection district within the county that provides or desires to provide
ambulance services shall notify the county in writing if the person, city or
district wants to be consulted prior to the adoption or amendment of a county
plan for ambulance services.
(3) Prior to adopting or amending a plan
under subsection (1) of this section, a county shall notify each person, city
or district that notified the county under subsection (2) of this section of
its desire to be consulted. The county governing body shall consult with and
seek advice from such persons, cities and districts with regard to the plan and
to the boundaries of any ambulance service areas established under the plan.
After such consultation, the county shall adopt or amend a plan in the same
manner as the county enacts nonemergency ordinances.
(4) Any plan developed and any service
area established pursuant to subsection (1) of this section shall be submitted
to the Department of Human Services.
(5) The department, in consultation with
the appropriate bodies specified in subsection (1) of this section, shall adopt
rules pursuant to ORS chapter 183 that specify those subjects to be addressed
and considered in any plan for ambulance services and areas under subsection
(1) of this section and those subjects to be addressed and considered in the
adoption of any such plan. The rules shall be uniform, as far as practicable,
but take into consideration unique circumstances of local districts.
(6) The department shall review a plan
submitted under subsection (4) of this section for compliance with the rules of
the department adopted under subsection (5) of this section. Not later than 60
days after receiving the plan, the department shall approve the plan if it
complies with the rules or disapprove the plan. The department shall give
written notice of such action to the county and, when a plan is not approved,
the notice shall indicate specifically how the plan does not comply with the
rules of the department. The county shall modify the plan to comply with the
rules and shall submit the modified plan to the department for review under
this subsection.
(7) The rules adopted under subsection (5)
of this section shall be enforceable by the department in a proceeding in
circuit court for equitable relief.
(8) This section does not require a county
to establish more than one ambulance service area within the county. [Formerly
682.205]
682.063
Requirements for adoption and review of ambulance service plan by counties. (1) In addition to the other requirements of
ORS 682.031 and 682.062, when initially adopting a plan for ambulance services
and ambulance service areas under ORS 682.062 or upon any subsequent review of
the plan, a county shall:
(a) Consider any and all proposals for
providing ambulance services that are submitted by a person or governmental
unit or a combination thereof;
(b) Require persons and governmental units
that desire to provide ambulance services under the plan to meet all the
requirements established by the plan; and
(c) Consider existing boundaries of cities
and rural fire protection districts when establishing ambulance service areas
under the plan.
(2) When determining the provider of
ambulance services upon initial adoption or subsequent review of a plan under
ORS 682.062, a county shall not grant preference under the plan to any person
or governmental unit solely because that person or governmental unit is
providing ambulance services at the time of adoption or review of the plan. [Formerly
682.335]
682.065 [1969 c.276 §7; 1983 c.486 §62; renumbered
677.840]
682.066
Provision of ambulance services when county plan not adopted. When a county plan is not adopted for a
county under ORS 682.062, a person or governmental unit may provide ambulance
services within the county. A city or rural fire protection district may provide
such services within and outside the city or district boundaries in accordance
with policies adopted by the governing body of the city or district, including
operation in other districts or cities by intergovernmental agreement under ORS
chapter 190. [Formerly 682.345]
682.068
Rulemaking authority with respect to minimum requirements for vehicles and
services. (1) The Department
of Human Services, in consultation with the State Emergency Medical Service
Committee, shall adopt rules specifying minimum requirements for ambulance
services, and for staffing and medical and communications equipment
requirements for all types of ambulances. The rules shall define the
requirements for advanced life support and basic life support units of
emergency vehicles, including equipment and emergency medical technician
staffing of the passenger compartment when a patient is being transported in
emergency circumstances.
(2) The department may waive any of the
requirements imposed by this chapter in medically disadvantaged areas as
determined by the Director of Human Services, or upon a showing that a severe
hardship would result from enforcing a particular requirement.
(3) The department shall exempt from rules
adopted under this section air ambulances that do not charge for the provision
of ambulance services. [Formerly 682.225]
682.070 [Amended by 1979 c.142 §2; repealed by 1983
c.486 §68]
682.071
Exchange of services agreement for ambulance and emergency medical services. (1) A city, rural fire protection district
or rural ambulance district providing transportation services through use of
licensed ambulances that either individually or jointly accept prepayment from
persons within their service areas for ambulance and emergency medical
services, or ambulance services only, but not for other health care services,
and a for-profit or not-for-profit corporation that accepts prepayment for
ambulance and emergency medical services, or ambulance services only, but not
for other health services, operating within this state or in another state, may
enter into an exchange of services agreement for ambulance and emergency
medical services.
(2) Any public entity described in
subsection (1) of this section may enter into an exchange of services agreement
with another comparable entity, operating within this state or in another
state, for ambulance and emergency medical services. [Formerly 682.355]
Note: 682.071 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 682 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
682.075
State Emergency Medical Service Committee and department to adopt rules
regarding ambulance construction, maintenance and operation; compliance with
rules required to obtain license. (1) Subject to any law or rule pursuant thereto relating to the
construction or equipment of ambulances, the Department of Human Services
shall, with the advice of the State Emergency Medical Service Committee
appointed under ORS 682.039 and in accordance with ORS chapter 183, adopt and
when necessary amend or repeal rules relating to the construction, maintenance,
capacity, sanitation, emergency medical supplies and equipment of ambulances.
(2) In order for an owner to secure and
retain a license for an ambulance under this chapter, it shall meet the
requirements imposed by rules of the department. The requirements may relate to
construction, maintenance, capacity, sanitation and emergency medical supplies
and equipment on ambulances. Such requirements shall include, but are not
limited to, requirements relating to space in patient compartments, access to
patient compartments, storage facilities, operating condition, cots,
mattresses, stretchers, cot and stretcher fasteners, bedding, oxygen and
resuscitation equipment, splints, tape, bandages, tourniquets, patient
convenience accessories, cleanliness of vehicle and laundering of bedding. [Formerly
823.080]
682.079
Authority to grant exemptions or variances; rules. (1) The Department of Human Services may
grant exemptions or variances from one or more of the requirements of ORS
820.330 to 820.380 or this chapter or the rules adopted thereunder to any class
of vehicles if it finds that compliance with such requirement or requirements
is inappropriate because of special circumstances which would render compliance
unreasonable, burdensome or impractical due to special conditions or cause, or
because compliance would result in substantial curtailment of necessary
ambulance service. Such exemptions or variances may be limited in time or may
be conditioned as the department considers necessary to protect the public
welfare.
(2) In determining whether or not a
variance shall be granted, the advice of the State Emergency Medical Service
Committee shall be received and in all cases the equities involved and the
advantages and disadvantages to the welfare of patients and the owners of
vehicles shall be weighed by the department.
(3) Rules under this section shall be
adopted, amended or repealed in accordance with ORS 183.330. [Formerly 682.285]
682.080 [Amended by 1971 c.621 §41; 1975 c.607 §45;
1979 c.114 §3; renumbered 677.845]
682.085
Department authorized to inspect ambulance vehicles and services; authority to suspend
or revoke license. (1) The
Department of Human Services or its authorized representatives may at
reasonable times inspect ambulances and ambulance services licensed or subject
to being licensed under this chapter.
(2) The department may suspend or revoke a
license if the ambulance service owner fails to take corrective action required
pursuant to an inspection of an ambulance or ambulance service under this
section. [Formerly 823.090; 1997 c.316 §2]
682.089
Replacement of one ambulance service by another. (1) When a city, county or district requires
an ambulance service currently operating within the city, county or district to
be replaced by another public or private ambulance service, the city, county or
district shall provide that:
(a) Paramedic staffing shall be maintained
at least at the levels established in the local plan for ambulance services and
ambulance service areas developed under ORS 682.062; and
(b) When hiring paramedics to fill vacant
or new positions during the six-month period immediately following the date of
replacement, the replacement ambulance service shall give preference to
qualified employees of the previous ambulance service at comparable
certification levels.
(2) As used in this section:
(a) “Ambulance” has the meaning given that
term by ORS 682.025.
(b) “Ambulance service” means any
individual, partnership, corporation, association or agency that provides
transport services and emergency medical services through use of licensed
ambulances.
(c) “District” has the meaning given that
term by ORS 198.010.
(d) “Paramedic” has the meaning given that
term by ORS 682.025. [Formerly 682.305]
682.090 [Amended by 1953 c.525 §6; 1955 c.135 §1;
1965 c.47 §1; 1969 c.276 §8; 1975 c.697 §4; 1979 c.114 §1; 1981 c.339 §8; 1983
c.486 §63; renumbered 677.850]
682.095 [1975 c.697 §2; repealed by 1983 c.486 §68]
682.100 [Repealed by 1981 c.339 §19]
682.105
Proof of financial responsibility required to obtain license; amounts; form of
proof. (1) In order to
secure and retain a license under this chapter, the owner of an ambulance or
ambulance service, other than a governmental unit, shall file and maintain with
the Department of Human Services proof of ability to respond in damages for
liability arising from the ownership, operation, use or maintenance of the
ambulance, or arising from the delivery of prehospital care, in the amount of:
(a) $100,000 because of bodily injury to
or death of one person in any one accident;
(b) Subject to that limit for one person,
$300,000 because of bodily injury to or death of two or more persons in any one
accident;
(c) $20,000 because of injury to or
destruction of the property of others in any one accident; and
(d) $500,000 because of injury arising
from the negligent provision of prehospital care to any individual.
(2) Proof of financial responsibility
under subsection (1) of this section may be given by filing with the department
for the benefit of the owner:
(a) A certificate of insurance issued by
an insurance carrier licensed to transact insurance in this state showing that
the owner has procured and that there is in effect a motor vehicle liability
policy for the limits of financial responsibility mentioned in subsection
(1)(a) to (c) of this section designating by explicit description all motor vehicles
with respect to which coverage is granted thereby and insuring the named
insured and all other persons using any such motor vehicle with insured’s
consent against loss from the liabilities imposed by law for damages arising
out of the ownership, operation, use or maintenance of any such motor vehicle,
and that there is in effect a professional liability policy for the limit of
financial responsibility described in subsection (1)(d) of this section
insuring the named insured and all other persons engaged in the provision of
prehospital care under the auspices of the licensed ambulance service against
loss from the liabilities imposed by law for damages arising out of the
provision of prehospital care;
(b) A bond conditioned for the paying in
behalf of the principal, the limits of financial responsibility mentioned in
subsection (1) of this section; or
(c) A certificate of the State Treasurer
that such owner has deposited with the State Treasurer the sum of $320,000 in
cash, in the form of an irrevocable letter of credit issued by an insured
institution as defined in ORS 706.008 or in securities such as may legally be
purchased by fiduciaries or for trust funds of a market value of $320,000. [Formerly
823.100; 1997 c.631 §521]
682.107
Form of insurance used to satisfy financial responsibility requirement;
cancellation or termination; coverage; multiple insurers. (1) When insurance is the method chosen to
prove financial responsibility, the certificate of insurance shall be signed by
an authorized company representative and shall contain the following
information:
(a) The date on which the policy was
issued.
(b) The name and address of the named
insured.
(c) The policy number.
(d) The amount of coverage in terms of the
liability limits stated in ORS 682.105.
(2) The policy of insurance for which the
certificate is given shall not be canceled or terminated except upon the giving
of 10 days’ prior written notice to the Department of Human Services. However,
an insurance policy subsequently procured and certified to the department
shall, on the date the certificate is filed with the department, terminate the
insurance previously certified with respect to any owner or vehicle designated
in both certificates.
(3) The vehicle policy need not insure any
liability under any worker’s compensation, nor any liability on account of
bodily injury to or death of an employee of the insured while engaged in the
employment of the insured, or while engaged in the operation, maintenance or
repair of a vehicle nor any liability for damage to property owned by, rented
to, in charge of or transported by the insured.
(4) The requirements for a vehicle
liability policy and certificate of insurance may be fulfilled by the policies
and certificates of one or more insurance carriers which policies and
certificates together meet such requirements. [Formerly 823.110]
682.109
Bonds, letters of credit or certificates of deposit used to prove financial
responsibility. ORS 682.111
to 682.117 apply to a bond, letter of credit or certificate evidencing deposit
with the Department of Human Services that is the method chosen to prove
financial responsibility under this chapter. The dollar amounts required for
the bonds, letters of credit or deposits shall be $320,000. [Formerly 823.120;
2003 c.14 §433; 2003 c.175 §18]
682.110 [Amended by 1953 c.525 §6; 1969 c.276 §9;
1979 c.744 §55; repealed by 1981 c.339 §19]
682.111
Requirements for bonds. A
bond used to comply with financial responsibility requirements under this
chapter must meet all of the following requirements:
(1) The bond must be in the amount
required by ORS 682.109.
(2) The bond must be approved by a judge
of a court of record in this state.
(3) The bond must contain a provision that
it cannot be canceled except upon the giving of 10 days’ prior written notice
to the Department of Human Services.
(4) The bond must be provided by either of
the following:
(a) A surety company.
(b) Two persons who are residents of
(5) If the bond is provided by real
property owners in this state, the bond must contain a schedule of the real
property owned by each of the sureties that will be used to meet the financial
responsibility requirements of this chapter.
(6) The bond must be conditioned to pay,
on behalf of the principal, the limits of financial responsibility requirements
under this chapter.
(7) The bond must be conditioned to pay,
on behalf of the principal, judgments against a person for liability described
in ORS 682.105 and must be subject to action under ORS 682.113.
(8) The bond is subject to any rules
adopted by the department relating to such bonds. [2003 c.175 §20]
682.113
Action against surety on bond by judgment creditor. (1) If a judgment rendered against the
principal on a bond described under ORS 682.111 is not settled within 60 days
after it has become final, a judgment creditor, for the judgment creditor’s own
use and benefit and at the judgment creditor’s sole expense, may bring an
action against any surety on the bond. An action brought under this section
must be brought in the name of the state. An action under this section may
include any action or proceeding to foreclose any lien established upon the
real property of a surety under ORS 682.111.
(2) For purposes of this section, a
judgment is satisfied when any of the following occurs:
(a) Payments in the amounts established by
the payment schedule under ORS 682.105 have been credited upon any judgment or
judgments rendered in excess of those amounts.
(b) Judgments rendered fo