2010 Wyoming Statutes
Title 33 - Professions And Occupations
Chapter 36 - Emergency Medical Services

CHAPTER 36 - EMERGENCY MEDICAL SERVICES

 

33-36-101. Short title.

 

This act shall be known and may be cited as the "Wyoming Emergency Medical Services Act of 1977".

 

33-36-102. Definitions.

 

(a) As used in this act:

 

(i) "Ambulance" means:

 

(A) Any land motor vehicle maintained, operated or advertised for the medical care and transportation of patients upon any street, highway or public way;

 

(B) Any land motor vehicle owned and operated on a regular basis by the state of Wyoming or any agency, municipality, city, town, county or political subdivision of Wyoming for medical care and transportation of patients upon any street, highway or public way; and

 

(C) Any aircraft which is maintained, operated or advertised for the medical care and transportation of patients in the state of Wyoming. This definition does not include any land motor vehicle or aircraft owned and operated by the United States.

 

(ii) "Ambulance business license" means a license issued under W.S. 33-36-104 which has not expired, been revoked or suspended;

 

(iii) "Attendant" means a trained and qualified individual responsible for the care of patients in an ambulance but not involved in search and rescue operations;

 

(iv) "Authorization" means discretionary consent given to permit the actions of others;

 

(v) "Division" means the designated division of the department of health;

 

(vi) "Industrial ambulance" means any motor vehicle maintained and operated by an industrial company with the primary purpose of medical care and transportation of employees who are injured or taken ill;

 

(vii) "Patient" means an individual who is sick, injured or otherwise incapacitated or helpless;

 

(viii) "Person" means any individual, firm, partnership, association, corporation or group of individuals acting together for a common purpose, including the state of Wyoming and any agency, municipality, city, town, county or political subdivision of the state of Wyoming;

 

(ix) "Search and rescue" means persons organized, trained and equipped to provide assistance to patients, such assistance being primarily limited to location, initial treatment and removal from imminent danger and transportation to a medical facility;

 

(x) "Emergency medical technician" means a person who has graduated from a division approved training program for emergency medical technicians;

 

(xi) "This act" means W.S. 33-36-101 through 33-36-115.

 

33-36-103. Rules and regulations; procedure; initiation of proceedings.

 

 

(a) The division after conferring with representatives of both the private and volunteer ambulance services in the state shall prescribe reasonable rules and regulations necessary to implement the provisions and purposes of this act.

 

(b) All rules, regulations and proceedings of the division shall be promulgated and conducted in compliance with the Wyoming Administrative Procedure Act. The rules and regulations prescribed and adopted may not be implemented until submitted to the Wyoming legislature for review and approval under procedures as the legislature may prescribe.

 

(c) The division may initiate proceedings under this act on its own motion or on the written complaint of any person.

 

33-36-104. Ambulance business license; persons eligible; annual fee; renewal.

 

 

(a) The division shall grant an ambulance business license to any person:

 

(i) Who is or will be engaged in the ambulance business or services in the state of Wyoming;

 

(ii) Who submits an application and pays the fee for an ambulance business license to the division;

 

(iii) If all ambulances owned or operated by the person are maintained, equipped and manned as required by rules and regulations promulgated by the division under W.S. 33-36-103; and

 

(iv) Who has furnished evidence to the division of the purchase of vehicle insurance required by the rules and regulations promulgated by the division under W.S. 33-36-103.

 

(b) There shall be an annual ambulance business license fee, to be determined by the division, but not to exceed forty dollars ($40.00). Each ambulance business license shall expire on December 31 each year and may be renewed for a period of one (1) year upon application and payment of the annual license fee, if the applicant meets all the requirements of subsections (a) and (b) of this section and has complied with all other rules and regulations promulgated by the division concerning the operation of an ambulance business.

 

(c) The initial licenses under this act shall be issued on or before January 1, 1978.

 

(d) The division shall determine whether an applicant is eligible for an initial or renewal ambulance business license.

 

(e) This act does not supersede any other laws of the state of Wyoming or any ordinances or regulations.

 

(f) All fees collected under this section shall be placed in the state general fund.

 

33-36-105. Ambulance business license; not transferable; change of ownership.

 

 

(a) An ambulance business license issued under this act shall not be sold, transferred or assigned by the holder. Any change of ownership of an ambulance business shall require a new application and a new ambulance business license.

 

(b) A partnership or corporation which holds an ambulance license shall notify the division within thirty (30) days of the admission to or withdrawal of a partner from the partnership or any change of principal officers of the corporation.

 

33-36-106. Ambulance business license; suspension, revocation or refusal to renew.

 

(a) Except as provided in subsection (b) of this section, the division after notice and hearing may revoke, suspend or refuse to renew any ambulance business license if the holder of the license fails to comply with the requirements of this act or any rule or regulation promulgated by the division hereunder as provided in W.S. 33-36-103(a) and (b).

 

(b) Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

 

33-36-107. Conducting ambulance business without license prohibited.

 

No person shall operate, conduct, maintain or otherwise engage in an ambulance business in this state after January 1, 1978, unless he holds an ambulance business license issued by the division.

 

33-36-108. Exemptions.

 

 

(a) The following are exempted from the provisions of this act:

 

(i) The occasional use of a privately owned vehicle or aircraft not designated as an ambulance and not ordinarily used in transporting patients or operating under the provisions of W.S. 1-1-120, in the performance of a lifesaving act;

 

(ii) A vehicle rendering services as an ambulance in case of a major catastrophe or emergency when licensed ambulances based in the localities of the catastrophe or emergency are incapable of rendering the services required;

 

(iii) Ambulances based outside this state, except that any such ambulances receiving a patient within the state shall comply with the provisions of this act;

 

(iv) Vehicles owned and operated by any state agency, political subdivision or search and rescue squads;

 

(v) All industrial ambulances operating within the state of Wyoming, with the exception of the requirement for annual reporting on such forms as required by rules and regulations. As used in this paragraph, "operating within Wyoming" includes operations on company premises or, when providing care at the request of or with the authorization of the public or local community emergency medical service, to persons injured or taken ill. Nothing in this paragraph affects exemptions under paragraphs (i) and (ii) of this subsection;

 

(vi) Individuals involved in search and rescue activities; and

 

(vii) Volunteer ambulance services in an area in which no other ambulance services meeting the requirements of this act are located.

 

33-36-109. License officers.

 

The division may employ one (1) or more individuals as license officers to assist it in the performance of its duties.

 

33-36-110. Attendant certificate; persons eligible; biennial fee; renewal; waiver of requirements.

 

 

(a) An attendant certificate shall be granted by the division to any individual who:

 

(i) Submits an application and pays the fee for an attendant certificate to the division;

 

(ii) Has been examined and certified as an emergency medical technician by the division or who the division deems to be otherwise qualified; and

 

(iii) Meets any additional educational requirements under any rule or regulation promulgated by the division as provided in W.S. 33-36-103(a) and (b).

 

(b) There shall be a biennial attendant certification fee determined by the division, but not to exceed two dollars ($2.00). Each attendant license shall expire on December 31 every other year and may be renewed for a period of two (2) years upon application and payment of the biennial certification fee. An initial or renewal license may be granted by the division once to each person for a period not to exceed three (3) years if educational requirements for the period are satisfied. The division shall determine whether an applicant is eligible for an initial or renewal attendant license.

 

(c) All fees collected under this section shall be placed in the state general fund.

 

(d) The division may grant a waiver of the education and training requirements of this section upon application in cases where it finds that a waiver would be in the best interests of the public.

 

(e) The initial certification under this act will be issued on or after January 1, 1978.

 

(f) Persons not serving as attendants may be trained and certified as emergency medical technicians and have the certification renewed if requirements are satisfied.

 

33-36-111. Authorized acts of attendants.

 

 

(a) An attendant who holds a valid attendant certificate issued by the division is authorized to perform any act authorized by division rules and regulations, under written or oral authorization of a licensed physician.

 

(b) Nothing in this act or the rules or regulations issued thereunder shall be construed to authorize any medical treatment to be given to any person who objects thereto on religious grounds, or to authorize the transportation of such person to any hospital.

 

33-36-112. Enjoining or restraining unlawful acts.

 

Whenever any person has engaged or is about to engage in any acts or practices which constitute a violation of W.S. 33-36-103 or 33-36-111, the division may make application to the appropriate court for an order enjoining those acts, and upon a showing by the division that the person has engaged or is about to engage in any illegal act, an injunction, restraining order or other appropriate order shall be granted by the court without bond.

 

33-36-113. Violations; penalties; proceedings.

 

Any person who violates any of the provisions of W.S. 33-36-103 or 33-36-111 is guilty of a misdemeanor and upon conviction shall be fined not more than four hundred dollars ($400.00) or imprisoned in the county jail not more than six (6) months, or both. If the division has reason to believe that any individual is liable to punishment under this section, it may certify the facts to the attorney general of Wyoming who may take appropriate action.

 

33-36-114. Repealed By Laws 2007, Ch. 91, 3.

 

 

33-36-115. Emergency medical services sustainability trust account; account established; planning grants; implementation grants.

 

(a) A trust account is created to be known as the emergency medical services sustainability trust account. The trust account shall consist of those funds designated to the account by law and all monies received from federal grants and other contributions, grants, gifts, transfers, bequests and donations to the trust account. The trust account is specifically empowered to accept grants, gifts, transfers, bequests and donations including those which are limited in their purposes by the grantor. Funds deposited within the trust account are intended to be inviolate and constitute a perpetual trust account which shall be invested by the state treasurer as authorized under W.S. 9-4-715(a), (d) and (e) and in a manner to obtain the highest return possible consistent with preservation of the account corpus.

 

(b) The state treasurer shall credit annually to an emergency medical services sustainability trust income account earnings from investment of the trust account corpus. The legislature may, from time to time, appropriate funds directly to the income account for distribution in accordance with the terms of this section. Such specially appropriated funds shall be credited directly by the state treasurer to the income account and are available to the division for award of grants as otherwise permitted by this section.

 

(c) Individuals and other entities may also grant, give, transfer, bequeath or donate funds to the trust account or the income account. These funds shall be credited by the state treasurer to either the trust account or the income account, as appropriate, in a manner consistent with the conditions attached to their receipt.

 

(d) Funds in the trust income account are continuously appropriated to the department for purposes of providing grants to improve the delivery and quality of emergency medical services as provided in this section.

 

(e) The department shall establish by rule and regulation a grant application calendar and procedure for needs assessment grants, which shall include the following provisions:

 

(i) An assessment of emergency medical services in a service area and an analysis of the current emergency medical services system including:

 

(A) The level of volunteerism;

 

(B) The level and period of certification;

 

(C) Response times;

 

(D) Billing practices;

 

(E) Funding sources and budget sustainability; and

 

(F) Call volume.

 

(ii) Needs assessment grants shall be for the purpose of assessing the provision of emergency medical services in a service area and preparing a master plan for an efficient, coordinated system of emergency medical service delivery, subject to the following:

 

(A) Grant applications may be submitted by persons, entities or groups interested in improving emergency medical services in a proposed service area which shall correspond to a rural urban commuting area as defined by the United States department of agriculture. The grant application shall be signed by authorized representatives of all involved political subdivisions within the proposed service area;

 

(B) The department shall review applications and, if it determines that further detailed assessment of emergency medical services in the proposed service area is appropriate and following consultation with the affected entities described in subparagraph (A) of this paragraph, shall contract for an assessment in the service area of emergency medical services strengths, weaknesses and coverage gaps. The contractor conducting the assessment shall prepare a written report that shall include a master plan for a coordinated, efficient emergency medical service delivery system within the service area. The master plan shall identify the governmental or private entity that will oversee and coordinate implementation of the plan, the areas and entities included in the plan, an estimate of funds available to implement the plan and continuing revenue sources, the approximate number of volunteer and paid emergency medical technicians available to provide services in the area and include provision, if necessary, for transition from an all volunteer service model to one combining volunteer and paid technicians. The master plan shall identify major problems and opportunities concerning emergency medical services, and provide for a desired sequence of events for implementation of the plan;

 

(C) Any needs assessment shall include consultation with the affected entities described in subparagraph (A) of this paragraph, representatives of public, private and volunteer ambulance services in the proposed service area, county and local government organizations, hospitals furnishing emergency medical services and other appropriate stakeholders;

 

(D) Any needs assessment shall provide for the collection of data by service area using a common benchmark, indicator and scoring format on emergency medical service workforce shortfalls, strengths and weaknesses of current service delivery models. The needs assessment shall build upon but avoid duplication of the study completed by the rural policy research institute for the Wyoming health care commission in June, 2007;

 

(E) Grant applications shall include a commitment of local matching funds of at least five thousand dollars ($5,000.00).

 

(iii) Following completion of a needs assessment as provided in paragraph (ii) of this subsection, a county, joint powers board or emergency medical services special district may apply for a grant to assist in the development and implementation of a master plan, subject to the following:

 

(A) Grants shall be documented in writing signed by the department and an authorized representative of the grantee. The document shall specify the intended use of the funds to improve emergency medical service delivery by assisting with the cost of implementing the master plan;

 

(B) Award of grants shall be based on demonstrable need. Those service areas demonstrating the greatest need, at the discretion of the department, shall be given the highest priority in receiving grants pursuant to this section;

 

(C) Implementation grant applications shall include a working budget to demonstrate how the grant will be used to address revenue gaps on a temporary basis while transitioning to a defined time when revenue is expected to be sufficient to sustain services in the master plan service area not to exceed two (2) years.

 

(f) The department is authorized to enter into contracts it deems appropriate to conduct and coordinate needs analyses and implementation grants authorized by this section, including contracts with local providers or other stakeholders to report on service needs in the respective service areas.

 

(g) The department shall provide a report by November 1 of each year on the emergency medical services trust account to the joint labor, health and social services interim committee. The reports shall include the status of the account, a description of all grants from the income account and any recommendations for providing more cost effective and accessible delivery of emergency medical services, including recommendations regarding regional approaches to providing those services, and any recommended statutory or rule changes.