Florida Statutes 401.251 – Air ambulance service; licensure
Current as of: 2023 | Check for updates
|
Other versions
(1) Each person, firm, corporation, association, or governmental entity that owns or acts as an agent for the owner of any business or service that furnishes, operates, conducts, maintains, advertises, engages in, proposes to engage in, or professes to engage in the business or service of transporting by air ambulance persons who require or are likely to require medical attention during transport must be licensed as an air ambulance service, before offering such service.
(2) The application for this license must be submitted to the department on forms provided for this purpose. The application must include documentation that the applicant meets the appropriate requirements for an air ambulance service as specified by rule of the department.
(3) An applicant who seeks licensure as an air ambulance service must:
(a) Submit a completed application to the department on such forms and including such information as specified by rule of the department.
Terms Used In Florida Statutes 401.251
- Advanced life support: means assessment or treatment by a person qualified under this part through the use of techniques such as endotracheal intubation, the administration of drugs or intravenous fluids, telemetry, cardiac monitoring, cardiac defibrillation, and other techniques described in the EMT-Paramedic National Standard Curriculum or the National EMS Education Standards, pursuant to rules of the department. See Florida Statutes 401.23
- Advanced life support service: means any emergency medical transport or nontransport service which uses advanced life support techniques. See Florida Statutes 401.23
- Air ambulance: means any fixed-wing or rotary-wing aircraft used for, or intended to be used for, air transportation of sick or injured persons requiring or likely to require medical attention during transport. See Florida Statutes 401.23
- Air ambulance service: means any publicly or privately owned service, licensed in accordance with the provisions of this part, which operates air ambulances to transport persons requiring or likely to require medical attention during transport. See Florida Statutes 401.23
- Basic life support: means the assessment or treatment by a person qualified under this part through the use of techniques described in the EMT-Basic National Standard Curriculum or the National EMS Education Standards of the United States Department of Transportation and approved by the department. See Florida Statutes 401.23
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Department of Health. See Florida Statutes 401.23
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Licensee: means any basic life support service, advanced life support service, or air ambulance service licensed pursuant to this part. See Florida Statutes 401.23
- Medical director: means a physician who is employed or contracted by a licensee and who provides medical supervision, including appropriate quality assurance but not including administrative and managerial functions, for daily operations and training pursuant to this part. See Florida Statutes 401.23
- Physician: means a practitioner who is licensed under the provisions of chapter 458 or chapter 459. See Florida Statutes 401.23
(b) Submit the appropriate fee as provided in s. 401.34.
(c) Specify the location of all required medical equipment and provide documentation that all such equipment is available and in good working order.
(d) Provide documentation that all aircraft and crew members meet applicable Federal Aviation Administration (FAA) regulations.
(e) Provide proof of adequate insurance coverage of not less than $100,000 per person and $300,000 per incident, or a greater amount if specified by rule of the department, for claims arising out of injury or death of persons and damage to property of others resulting from any cause for which the owner of such business or service would be liable. Self-insurance is an acceptable alternative as specified in s. 401.25(2)(c).
(f) Specify whether the service uses either fixed-winged or rotary-winged aircraft, or both.
(4)(a) If a service provides interhospital air transport, air transport from hospital to another facility, air transport from hospital to home, or similar air transport, the service must provide evidence that it has employed or contracted with a medical director to advise the service on the appropriate staffing, equipment, and supplies to be used for the transport of any patient aboard an air ambulance and must provide information to referring physicians regarding special medical requirements and restrictions when transporting by air ambulance.
(b) If the air ambulance service uses rotary-winged aircraft in conjunction with another emergency medical service, the air ambulance service must meet the provisions of this section and must meet separate basic life support and advanced life support requirements unique to air ambulance operations as is required by rules of the department. Such service is subject to the provisions of s. 401.25 relating to a certificate of public convenience and necessity; however, a service may operate in any county under the terms of mutual aid agreements.
(c) Unless, in the opinion of the attending physician, the patient has an emergency medical condition as defined by s. 395.002, the service must provide each person using the service, before rendering the service, a written description of the services to be rendered and the cost of those services.
(5) In order to renew a license for air ambulance service, the applicant must:
(a) Submit a renewal application to the department not more than 90 days nor less than 60 days before the license expires.
(b) Submit the appropriate renewal fee as provided in s. 401.34.
(c) Provide documentation that current standards for issuance of a license are met.
(6) Any advanced life support service licensee may engage in air ambulance operations by complying with the appropriate provisions of this section and requirements specified by rule of the department.