DAR File No. 42554
This rule was published in the February 15, 2018, issue (Vol. 2018, No. 4) of the Utah State Bulletin.
Health, Family Health and Preparedness, Emergency Medical Services
Rule R426-1
General Definitions
Notice of Proposed Rule
(Amendment)
DAR File No.: 42554
Filed: 01/31/2018 10:03:22 AM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this amendment is to update language to be consistent with Title 26, Chapter 8a, and to clarify definition for inter-facility transfers.
Summary of the rule or change:
The definition changes are needed to reflect changes in Title 26, Chapter 8a, as well as amended changes occurring in the language of Title R426.
Statutory or constitutional authorization for this rule:
- Title 26, Chapter 8a
Anticipated cost or savings to:
the state budget:
This proposed rule change is not expected to have any fiscal impact on state government revenues or expenditures, because it is for the change of terminology in the administrative rules for Title R426. This update also makes changes to make terminology consistent terminology with those found in Title 26, Chapter 8a.
local governments:
This proposed rule change is not expected to have any fiscal impact on local government revenues or expenditures, because it is for the change of terminology in the administrative rules for Title R426. This update also makes changes to make terminology consistent terminology with those found in Title 26, Chapter 8a.
small businesses:
This proposed rule change is not expected to have any fiscal impact on small businesses revenues or expenditures, because it is for the change of terminology in the administrative rules for Title R426. This update also makes changes to make terminology consistent terminology with those found in Title 26, Chapter 8a.
persons other than small businesses, businesses, or local governmental entities:
This proposed rule change is not expected to have any fiscal impact on businesses not defined as small businesses, individuals, or other entities because it is for the change of terminology in the administrative rules for Title R426. This update also makes changes to make terminology consistent terminology with those found in Title 26, Chapter 8a.
Compliance costs for affected persons:
This proposed rule amendment is not expected to have any fiscal impacts on affected persons.
Comments by the department head on the fiscal impact the rule may have on businesses:
There is no fiscal impact on businesses with this proposed amendment language.
Joseph K. Miner, MD, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
HealthFamily Health and Preparedness, Emergency Medical Services
3760 S HIGHLAND DR
SALT LAKE CITY, UT 84106
Direct questions regarding this rule to:
- Guy Dansie at the above address, by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
03/19/2018
This rule may become effective on:
03/26/2018
Authorized by:
Joseph Miner, Executive Director
RULE TEXT
Appendix 1: Regulatory Impact Summary Table*
|
FY 2018 |
FY 2019 |
FY 2020 |
Fiscal Costs |
|
|
|
State Government |
$0 |
$0 |
$0 |
Local Government |
$0 |
$0 |
$0 |
Small Businesses |
$0 |
$0 |
$0 |
Non-Small Businesses |
$0 |
$0 |
$0 |
Other Persons |
$0 |
$0 |
$0 |
Total Fiscal Costs: |
$0 |
$0 |
$0 |
|
|
|
|
Fiscal Benefits |
|
|
|
State Government |
$0 |
$0 |
$0 |
Local Government |
$0 |
$0 |
$0 |
Small Businesses |
$0 |
$0 |
$0 |
Non-Small Businesses |
$0 |
$0 |
$0 |
Other Persons |
$0 |
$0 |
$0 |
Total Fiscal Benefits: |
$0 |
$0 |
$0 |
|
|
|
|
Net Fiscal Benefits: |
$0 |
$0 |
$0 |
*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non-Small Businesses are described below.
Appendix 2: Regulatory Impact to Non-Small Businesses
The amendments are to change terms used in definitions to reflect recent language amendments in Title 26, Chapter 8a.
The amendment to the definition of "inter-facility transport" was a clarification to reflect intent of licensing as contained in Rule R426-3.
No fiscal impacts due to language changes proposed for this rule amendment.
R426. Health, Family Health and Preparedness, Emergency Medical Services.
R426-1. General Definitions.
R426-1-100. Authority and Purpose.
This rule establishes uniform definitions for all R426 rules. It also provides administration standards applicable to all R426 rules.
R426-1-200. General Definitions.
The definitions in Title 26, Chapter 8a are adopted and incorporated by reference into this rule, in addition:
(1) "Advanced Emergency Medical
Technician" or "AEMT" means an individual who has
completed an AEMT training program, approved by the Department, who
is [certified]licensed by the Department as qualified to render services
enumerated in this rule.
(2) "Affiliated Provider" means
a [certified]licensed EMS individual's secondary employer or
employers.
(3) "Air Ambulance" means a specially equipped and permitted aircraft, especially a helicopter or fixed wing airplane, for transporting patients.
(4) "Air Ambulance Personnel" mean the pilot and patient care personnel who are involved in an air medical transport.
(5) "Air Ambulance Service" means any publicly or privately owned organization that is licensed or applies for licensure under R426-3 and provides transportation and care of patients by air ambulance.
(6) "Air Ambulance Service Medical Director" means a physician knowledgeable of potential medical complications which may arise because of air medical transport, and is responsible for overseeing and assuring that the appropriate air ambulance, medical personnel, and equipment are provided for patients transported by the air ambulance service.
(7) "Categorization" means the process of identifying and developing a stratified profile of Utah hospital trauma critical care capabilities in relation to the standards defined under R426-5-7.
(8) "Certify," "Certification," and "Certified" mean the official Department recognition that an individual has completed a specific level of training and has the minimum skills required to provide emergency medical care at the level for which he is certified.
[(9) "Certified EMS Individual" means a person
certified by the Bureau of Emergency Medical Services and
Preparedness to perform an EMS function.
]([10]9) "Competitive Grant" means a grant awarded
through the Emergency Medical Services Grants Program on a
competitive basis for a share of available funds.
([11]10) "Complaint, Compliance, and Enforcement Unit or
CCEU" means the investigative unit of the Department.
([12]11) "Continuing Medical Education" means a
Department-approved training relating specifically to the
appropriate level of certification designed to maintain or enhance
an individual's emergency medical skills.
([13]12) "County or Multi-County EMS Council or
Committee" means a group of persons recognized as the
legitimate entity within the county to formulate policy regarding
the provision of EMS.
([14]13) "Course Coordinator" means an individual who
has completed a Department course coordinator course and is
certified by the Department as capable to conduct
Department-authorized EMS courses.
([15]14) "Department" means the Utah Department of
Health.
([16]15) "Emergency Medical Dispatcher" or
"EMD" means an individual who has completed a Department
approved EMD training program, and is [certified]licensed by the Department as qualified to render services
enumerated in this rule.
([17]16) "Emergency Medical Service Dispatch Center"
means a call center designated by the Department for the routine
acceptance of calls for emergency assistance, staffed by trained
operators who utilize a selective medical dispatch system to
dispatch licensed ambulance and paramedic services.
([18]17) "Emergency Medical Responder" or
"EMR" means an individual who has completed a Department
approved EMR training program, and is [certified]licensed by the Department as qualified to render services
enumerated in this rule.
([19]18) "Emergency Medical Technician" or
"EMT" means an individual who has completed a Department
approved EMT training program and is [certified]licensed by the Department as qualified to render services
enumerated in this rule.
([20]19) "Emergency Medical Technician Intermediate
Advanced" means an individual who has completed a Department
approved EMT- IA training program and is [certified]licensed by the Department as qualified to render services
enumerated in this rule.
([21]20) "Emergency vehicle operator" means an
individual on the roster of an EMS provider who may, in the normal
course of the individual's duties, drive an ambulance or an
emergency medical response vehicle.
([22]21) "EMS" means Emergency Medical Services.
([23]22) "Emergency Medical Incident" means any
instance in which an Emergency Medical Services Provider is
requested to provide or potentially provide emergency medical
services.
([24]23) "EMS Instructor" means an individual who has
completed a Department EMS instructor course and is certified by
the Department as capable to teach EMS personnel.
([25]24) "EMS stand-by event" means the on-site
licensed ambulance, paramedic service, or designated quick response
unit at a scheduled event or activity provided by the local 911
exclusive license provider or their designee[ as referred to in R426-3-400(6)].
([26]25) "Exclusive License" means the sole right to
perform the licensed act in a defined geographic service area, and
that prohibits the Department of Health from performing the
licensed act, and from granting the right to anyone else.
([27]26) "Grants Review Subcommittee" means a
subcommittee appointed by the EMS Committee to review, evaluate,
prioritize and make grant funding recommendations to the EMS
Committee.
([28]27) "Ground Ambulance" means a vehicle which is
properly equipped, maintained, permitted and used to transport a
patient to a patient destination such as a patient receiving
facility or resource hospital.
([29]28) "Inclusive Trauma System" means the
coordinated component of the State emergency medical services (EMS)
system composed of all general acute hospitals licensed under Title
26, Chapter 21, trauma centers, and pre-hospital providers which
have established communication linkages and triage protocols to
provide for the effective management, transport and care of all
injured patients from initial injury to complete
rehabilitation.
([30]29) "Inter-facility Transfer" means an ambulance
transfer of a patient, who does not have an emergency medical
condition as defined in UCA 26-8a-102(6)(a), and the ambulance
transfer of the patient
originates at[is arranged by a transferring physician for the particular
patient, from] a hospital, nursing facility, patient
receiving facility, mental health facility, or other licensed
medical facility.
([31]30) "Individual" means a human being.
([32]31) "Level of Care" means the capabilities and
commitment to the care of the trauma patient available within a
specified facility.
([33]32) "Level of [Certification]License" means the official Department recognized step
in the [certification]licensure process in which an individual has attained as an
EMS provider.
(33) "Licensed EMS Individual" means a person licensed by the Bureau of Emergency Medical Services and Preparedness to perform an EMS function.
(34) "Meritorious Complaint"
means a complaint against [an]a licensed ambulance provider, designated agency, or [certified]licensed provider(s) that is made by a patient, a member of
the immediate family of a patient, or health care provider, that
the Department determines is substantially supported by the facts
or [an]a licensed ambulance provider, designated agency, or [certified]licensed provider(s):
(a) has repeatedly failed to provide service at the level or in the exclusive geographic service area required licensee;
(b) has repeatedly failed to follow operational standards established by the EMS Committee;
(c) has committed an act in the performance of a professional duty that endangered the public or constituted gross negligence; or
(d) has otherwise repeatedly engaged in conduct that is adverse to the public health, safety, morals or welfare, or would adversely affect the public trust in the emergency medical service system.
(35) "Matching Funds" means that portion of funds, in cash, contributed by the grantee to total project expenditures.
(36) "On-line Medical Control" which refers to physician medical direction of pre-hospital personnel during a medical emergency; and
(37) "Off-line Medical Control" which refers to physician oversight of local EMS services and personnel to assure their medical accountability.
([36]38) "Medical Director" means a physician certified
by the Department to provide off-line medical control.
([37]39) "Mid-level Provider" means a
licensed nurse practitioner or a
licensed physician assistant.
([38]40) "Net Income" means the sum of net service
revenue, plus other regulated operating revenue and subsidies of
any type, less operating expenses, interest expense, and
income.
([39]41)"Paramedic" means an individual who has
completed a Department approved Paramedic training program and is [certified]
licensed by the Department as qualified to render services
enumerated in this rule.
([40]42) "Paramedic Ground Ambulance" means the
provision of advanced life support patient care and transport by
licensed paramedic personnel in a licensed ambulance.
([41]43) "Paramedic Rescue Service" means the provision
of advanced life support patient care by
licensed paramedic personnel without the ability to
transport patients.
([42]44) "Paramedic Unit" means a vehicle which is
properly equipped, maintained and used to transport
licensed paramedics to the scene of emergencies to perform
paramedic services without the ability to transport patients to a
designated hospital or designated patient receiving facility.
([43]45) "Paramedic Tactical Service" means the
retrieval and field treatment of injured peace officers or victims
of traumatic confrontations by
licensed paramedics who are trained in combat medical
response.
([44]46) "Paramedic Tactical Unit" means a vehicle
which is properly equipped, maintained, and used to transport
licensed paramedics to the scene of traumatic confrontations
to provide paramedic tactical services.
([45]47) "Patient Care Report" means a record of the
response by each responding Emergency Medical Services Provider
unit to each patient during an EMS Incident.
([46]48) "Patient Receiving Facility" means a
Department designated medical clinic or designated resource
hospital that is approved to receive patients transported by [an]a licensed ambulance
provider.
([47]49) "Per Capita grants" mean block grants
determined by prorating available funds on a per capita basis as
delineated in 26-8a-207, as part of the Emergency Medical Services
Grants Program.
([48]50) "Permit" means the document issued by the
Department that authorizes a vehicle to be used in providing
emergency medical services.
([49]51) "Person" means an individual, firm,
partnership, association, corporation, company, or group of
individuals acting together for a common purpose, agency, or
organization of any kind public or private.
([50]52) "Physician" means a medical doctor licensed to
practice medicine in Utah.
([51]53) "Pilot" means any individual licensed under
Federal Aviation Regulations, Part 135.
([52]54) "Pre-hospital Care" means medical care given
to an ill or injured patient by a designated or licensed EMS
provider outside of a hospital setting.
([53]55) "Primary Affiliated Provider" or
"PAP" means a [certified]licensed EMS individual's primary or main employer or
provider.
([54]56) "Primary emergency medical services" means an
organization that is the only licensed or designated service in a
geographical area.
([55]57) "Provider" means a Department licensed or
designated entity that provides emergency medical services.
([56]58) "Provisional [Certification]License" means temporary terms and conditions placed on
a [certified]licensed EMS individual's [certification]license until completion of an investigation or a final
adjudication or conclusion of the pending matter.
([57]59) "Quick Response Unit" or "QRU" means
an entity that provides emergency medical services to supplement
local
licensed ambulance [services]providers or provide unique services.
([58]60) "Quick Response Vehicle" or "QRV"
means a vehicle which is properly equipped, maintained, permitted
and used to perform assistive services at a scene. A QRV may
transport or deliver a patient to [an]a licensed ambulance
provider access point. The QRV may include an automobile, an
all-terrain vehicle or a watercraft.
([59]61) "Resource Hospital" means a facility
designated by the EMS Committee to provide on-line medical control
for the provision of pre-hospital emergency care.
([60]62) "Restricted [Certification]License" means a [certified]licensed EMS individual may not function in their EMS
capacity for an interim period of time.
([61]63) "Scene" means the location of initial contact
with the patient.
([62]64) "Selective Medical Dispatch System" means a [d]Department-approved reference system used by a
designated local dispatch agency to dispatch aid to medical
emergencies which includes:
(a) systemized caller interrogation questions;
(b) systemized pre-arrival instructions; and
(c) protocols matching the dispatcher's evaluation of injury or illness severity with vehicle response mode and configuration.
([63]65) "Specialized Life Support Air Ambulance
Service" means a level of care which requires equipment or
specialty patient care by one or more medical personnel in addition
to the regularly scheduled air medical team.
([64]66) "Training Officer" means an individual who has
completed a department Training Officer Course and is certified by
the Department to be responsible for an EMS provider
organization's continuing medical education, [recertification]license renewal records, and testing.[
(65) "Transition Period" means prescribed range
of dates that includes a begin and end date in which EMS providers
will change their level of certificate from existing levels of
certification to the Department adopted National Traffic and
Highway Safety Administration's (NTHSA) National EMS Scope of
Practice Model. This model names levels of certification as EMR,
EMT, AEMT and Paramedic.]
KEY: emergency medical services
Date of Enactment or Last Substantive Amendment: [September 24,]2018
Authorizing, and Implemented or Interpreted Law: 26-8a
Additional Information
More information about a Notice of Proposed Rule is available online.
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For questions regarding the content or application of this rule, please contact Guy Dansie at the above address, by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov. For questions about the rulemaking process, please contact the Office of Administrative Rules.