Chapter 36 - Emergency Medical Services
CHAPTER 36 - EMERGENCY MEDICAL SERVICES
33-36-101. Short title.
Thisact shall be known and may be cited as the "Wyoming Emergency MedicalServices Act of 1977".
33-36-102. Definitions.
(a) As used in this act:
(i) "Ambulance" means:
(A) Any land motor vehicle maintained, operated or advertisedfor the medical care and transportation of patients upon any street, highway orpublic way;
(B) Any land motor vehicle owned and operated on a regularbasis by the state of Wyoming or any agency, municipality, city, town, countyor political subdivision of Wyoming for medical care and transportation ofpatients upon any street, highway or public way; and
(C) Any aircraft which is maintained, operated or advertisedfor the medical care and transportation of patients in the state of Wyoming.This definition does not include any land motor vehicle or aircraft owned andoperated by the United States.
(ii) "Ambulance business license" means a licenseissued under W.S. 33-36-104 which has not expired, been revoked or suspended;
(iii) "Attendant" means a trained and qualifiedindividual responsible for the care of patients in an ambulance but notinvolved in search and rescue operations;
(iv) "Authorization" means discretionary consent givento permit the actions of others;
(v) "Division" means the designated division of thedepartment of health;
(vi) "Industrial ambulance" means any motor vehiclemaintained and operated by an industrial company with the primary purpose ofmedical 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 commonpurpose, 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 beingprimarily limited to location, initial treatment and removal from imminentdanger and transportation to a medical facility;
(x) "Emergency medical technician" means a person whohas graduated from a division approved training program for emergency medicaltechnicians;
(xi) "This act" means W.S. 33-36-101 through33-36-115.
33-36-103. Rules and regulations; procedure; initiation of proceedings.
(a) The division after conferring with representatives of boththe private and volunteer ambulance services in the state shall prescribereasonable rules and regulations necessary to implement the provisions andpurposes of this act.
(b) All rules, regulations and proceedings of the divisionshall be promulgated and conducted in compliance with the WyomingAdministrative Procedure Act. The rules and regulations prescribed and adoptedmay not be implemented until submitted to the Wyoming legislature for reviewand approval under procedures as the legislature may prescribe.
(c) The division may initiate proceedings under this act on itsown 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 toany person:
(i) Who is or will be engaged in the ambulance business orservices in the state of Wyoming;
(ii) Who submits an application and pays the fee for anambulance business license to the division;
(iii) If all ambulances owned or operated by the person aremaintained, equipped and manned as required by rules and regulationspromulgated by the division under W.S. 33-36-103; and
(iv) Who has furnished evidence to the division of the purchaseof vehicle insurance required by the rules and regulations promulgated by thedivision under W.S. 33-36-103.
(b) There shall be an annual ambulance business license fee, tobe determined by the division, but not to exceed forty dollars ($40.00). Eachambulance business license shall expire on December 31 each year and may berenewed for a period of one (1) year upon application and payment of the annuallicense fee, if the applicant meets all the requirements of subsections (a) and(b) of this section and has complied with all other rules and regulationspromulgated by the division concerning the operation of an ambulance business.
(c) The initial licenses under this act shall be issued on orbefore January 1, 1978.
(d) The division shall determine whether an applicant iseligible for an initial or renewal ambulance business license.
(e) This act does not supersede any other laws of the state ofWyoming or any ordinances or regulations.
(f) All fees collected under this section shall be placed inthe state general fund.
33-36-105. Ambulance business license; not transferable; change ofownership.
(a) An ambulance business license issued under this act shallnot be sold, transferred or assigned by the holder. Any change of ownership ofan ambulance business shall require a new application and a new ambulancebusiness license.
(b) A partnership or corporation which holds an ambulancelicense shall notify the division within thirty (30) days of the admission toor withdrawal of a partner from the partnership or any change of principalofficers of the corporation.
33-36-106. Ambulance business license; suspension, revocation orrefusal to renew.
(a) Except as provided in subsection (b) of this section, thedivision after notice and hearing may revoke, suspend or refuse to renew anyambulance business license if the holder of the license fails to comply withthe requirements of this act or any rule or regulation promulgated by thedivision hereunder as provided in W.S. 33-36-103(a) and (b).
(b) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.
33-36-107. Conducting ambulance business without license prohibited.
Noperson shall operate, conduct, maintain or otherwise engage in an ambulancebusiness in this state after January 1, 1978, unless he holds an ambulancebusiness 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 aircraftnot designated as an ambulance and not ordinarily used in transporting patientsor operating under the provisions of W.S. 1-1-120, in the performance of alifesaving act;
(ii) A vehicle rendering services as an ambulance in case of amajor catastrophe or emergency when licensed ambulances based in the localitiesof the catastrophe or emergency are incapable of rendering the servicesrequired;
(iii) Ambulances based outside this state, except that any suchambulances receiving a patient within the state shall comply with theprovisions of this act;
(iv) Vehicles owned and operated by any state agency, politicalsubdivision or search and rescue squads;
(v) All industrial ambulances operating within the state ofWyoming, with the exception of the requirement for annual reporting on suchforms as required by rules and regulations. As used in this paragraph, "operatingwithin Wyoming" includes operations on company premises or, when providingcare at the request of or with the authorization of the public or localcommunity emergency medical service, to persons injured or taken ill. Nothingin this paragraph affects exemptions under paragraphs (i) and (ii) of thissubsection;
(vi) Individuals involved in search and rescue activities; and
(vii) Volunteer ambulance services in an area in which no otherambulance services meeting the requirements of this act are located.
33-36-109. License officers.
Thedivision may employ one (1) or more individuals as license officers to assistit 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 divisionto any individual who:
(i) Submits an application and pays the fee for an attendantcertificate to the division;
(ii) Has been examined and certified as an emergency medicaltechnician by the division or who the division deems to be otherwise qualified;and
(iii) Meets any additional educational requirements under anyrule 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 feedetermined by the division, but not to exceed two dollars ($2.00). Eachattendant license shall expire on December 31 every other year and may berenewed for a period of two (2) years upon application and payment of thebiennial certification fee. An initial or renewal license may be granted bythe division once to each person for a period not to exceed three (3) years ifeducational requirements for the period are satisfied. The division shalldetermine whether an applicant is eligible for an initial or renewal attendantlicense.
(c) All fees collected under this section shall be placed inthe state general fund.
(d) The division may grant a waiver of the education andtraining requirements of this section upon application in cases where it findsthat a waiver would be in the best interests of the public.
(e) The initial certification under this act will be issued onor after January 1, 1978.
(f) Persons not serving as attendants may be trained andcertified as emergency medical technicians and have the certification renewedif requirements are satisfied.
33-36-111. Authorized acts of attendants.
(a) An attendant who holds a valid attendant certificate issuedby the division is authorized to perform any act authorized by division rulesand regulations, under written or oral authorization of a licensed physician.
(b) Nothing in this act or the rules or regulations issuedthereunder shall be construed to authorize any medical treatment to be given toany person who objects thereto on religious grounds, or to authorize thetransportation of such person to any hospital.
33-36-112. Enjoining or restraining unlawful acts.
Wheneverany person has engaged or is about to engage in any acts or practices whichconstitute a violation of W.S. 33-36-103 or 33-36-111, the division may makeapplication to the appropriate court for an order enjoining those acts, andupon a showing by the division that the person has engaged or is about toengage in any illegal act, an injunction, restraining order or otherappropriate order shall be granted by the court without bond.
33-36-113. Violations; penalties; proceedings.
Anyperson who violates any of the provisions of W.S. 33-36-103 or 33-36-111 isguilty of a misdemeanor and upon conviction shall be fined not more than fourhundred 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 individualis liable to punishment under this section, it may certify the facts to theattorney 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 emergencymedical services sustainability trust account. The trust account shall consistof those funds designated to the account by law and all monies received fromfederal grants and other contributions, grants, gifts, transfers, bequests anddonations to the trust account. The trust account is specifically empowered toaccept grants, gifts, transfers, bequests and donations including those whichare limited in their purposes by the grantor. Funds deposited within the trustaccount are intended to be inviolate and constitute a perpetual trust accountwhich 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 possibleconsistent with preservation of the account corpus.
(b) The state treasurer shall credit annually to an emergencymedical services sustainability trust income account earnings from investmentof the trust account corpus. The legislature may, from time to time,appropriate funds directly to the income account for distribution in accordancewith the terms of this section. Such specially appropriated funds shall becredited directly by the state treasurer to the income account and are availableto 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 trustaccount or the income account, as appropriate, in a manner consistent with theconditions attached to their receipt.
(d) Funds in the trust income account are continuouslyappropriated to the department for purposes of providing grants to improve thedelivery and quality of emergency medical services as provided in this section.
(e) The department shall establish by rule and regulation agrant application calendar and procedure for needs assessment grants, whichshall include the following provisions:
(i) An assessment of emergency medical services in a servicearea and an analysis of the current emergency medical services systemincluding:
(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 ofassessing the provision of emergency medical services in a service area and preparinga master plan for an efficient, coordinated system of emergency medical servicedelivery, subject to the following:
(A) Grant applications may be submitted by persons, entities orgroups interested in improving emergency medical services in a proposed servicearea which shall correspond to a rural urban commuting area as defined by theUnited States department of agriculture. The grant application shall be signedby authorized representatives of all involved political subdivisions within theproposed service area;
(B) The department shall review applications and, if itdetermines that further detailed assessment of emergency medical services inthe proposed service area is appropriate and following consultation with theaffected entities described in subparagraph (A) of this paragraph, shallcontract for an assessment in the service area of emergency medical servicesstrengths, weaknesses and coverage gaps. The contractor conducting theassessment shall prepare a written report that shall include a master plan fora coordinated, efficient emergency medical service delivery system within theservice area. The master plan shall identify the governmental or privateentity that will oversee and coordinate implementation of the plan, the areasand entities included in the plan, an estimate of funds available to implementthe plan and continuing revenue sources, the approximate number of volunteerand paid emergency medical technicians available to provide services in thearea and include provision, if necessary, for transition from an all volunteerservice model to one combining volunteer and paid technicians. The master planshall identify major problems and opportunities concerning emergency medicalservices, and provide for a desired sequence of events for implementation ofthe plan;
(C) Any needs assessment shall include consultation with theaffected entities described in subparagraph (A) of this paragraph,representatives of public, private and volunteer ambulance services in theproposed service area, county and local government organizations, hospitalsfurnishing emergency medical services and other appropriate stakeholders;
(D) Any needs assessment shall provide for the collection ofdata by service area using a common benchmark, indicator and scoring format onemergency medical service workforce shortfalls, strengths and weaknesses ofcurrent service delivery models. The needs assessment shall build upon butavoid duplication of the study completed by the rural policy research institutefor the Wyoming health care commission in June, 2007;
(E) Grant applications shall include a commitment of localmatching funds of at least five thousand dollars ($5,000.00).
(iii) Following completion of a needs assessment as provided inparagraph (ii) of this subsection, a county, joint powers board or emergencymedical services special district may apply for a grant to assist in thedevelopment and implementation of a master plan, subject to the following:
(A) Grants shall be documented in writing signed by thedepartment and an authorized representative of the grantee. The document shallspecify the intended use of the funds to improve emergency medical servicedelivery by assisting with the cost of implementing the master plan;
(B) Award of grants shall be based on demonstrable need. Thoseservice areas demonstrating the greatest need, at the discretion of thedepartment, shall be given the highest priority in receiving grants pursuant tothis section;
(C) Implementation grant applications shall include a workingbudget to demonstrate how the grant will be used to address revenue gaps on atemporary basis while transitioning to a defined time when revenue is expectedto be sufficient to sustain services in the master plan service area not to exceedtwo (2) years.
(f) The department is authorized to enter into contracts itdeems appropriate to conduct and coordinate needs analyses and implementationgrants authorized by this section, including contracts with local providers orother stakeholders to report on service needs in the respective service areas.
(g) The department shall provide a report by November 1 of eachyear on the emergency medical services trust account to the joint labor, healthand social services interim committee. The reports shall include the status ofthe account, a description of all grants from the income account and anyrecommendations for providing more cost effective and accessible delivery ofemergency medical services, including recommendations regarding regional approachesto providing those services, and any recommended statutory or rule changes.