Florida Statutes 401.35 – Rules
Current as of: 2023 | Check for updates
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The department shall adopt rules, including definitions of terms, necessary to carry out the purposes of this part.
(1) The rules must provide at least minimum standards governing:
(a) Sanitation, safety, and maintenance of basic life support and advanced life support vehicles and air ambulances.
Terms Used In Florida Statutes 401.35
- 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
- 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
- Basic life support service: means any emergency medical service which uses only basic life support techniques. See Florida Statutes 401.23
- Certification: means any authorization issued pursuant to this part to a person to act as an emergency medical technician or a paramedic. See Florida Statutes 401.23
- 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
- Paramedic: means a person who is certified by the department to perform basic and advanced life support pursuant to this part. See Florida Statutes 401.23
- Permit: means any authorization issued pursuant to this part for a vehicle to be operated as a basic life support or advanced life support transport vehicle or an advanced life support nontransport vehicle providing basic or advanced life support. 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
- Service location: means any permanent location in or from which a licensee solicits, accepts, or conducts business under this part. See Florida Statutes 401.23
(b) Emergency medical technician, paramedic, and driver training and qualifications.
(c) Ground ambulance and vehicle equipment and supplies that a licensee with a valid vehicle permit under s. 401.26 is required to maintain to provide basic or advanced life support services.
(d) Ground ambulance or vehicle design and construction based on national standards recognized by the department and interpreted by department rule.
(e) Staffing of basic life support and advanced life support vehicles.
(f) Two-way communications for basic life support services and advanced life support services.
(g) Advanced life support services equipment.
(h) Programs of training for emergency medical technicians and paramedics.
(i) Vehicles, equipment, communications, and minimum staffing qualifications for air ambulance services.
(j) Ambulance driver qualifications, training, and experience.
(k) Optional use of telemetry by licensees.
(l) Licensees’ security and storage of controlled substances, medications, and fluids, not inconsistent with the provisions of chapter 499 or chapter 893.
(2) The rules must establish application requirements for licensure and certification. Pursuant thereto, the department must develop application forms for basic life support services and advanced life support services. An application for each respective service license must include, but is not limited to:
(a) The name and business address of the operator and owner of the service or proposed service.
(b) The name under which the applicant will operate.
(c) A list of the names and addresses of all officers, directors, and shareholders of the applicant.
(d) A description of each vehicle to be used, including the make, model, year of manufacture, mileage, and vehicle identification number (VIN); the state or federal aviation or marine registration number, when applicable; and the color scheme, insignia, name, monogram, or other distinguishing characteristics to be used to designate the applicant’s vehicle or vehicles.
(e) The service location from which the service will operate.
(f) A statement reasonably describing the geographic area or areas to be served by the applicant.
(g) A statement certifying that the applicant will provide continuous service 24 hours a day, 7 days a week, if a basic life support service license or an advanced life support service license is sought. Such service must be initiated within 30 days after issuance of the license.
(h) Such other information as the department determines reasonable and necessary.
(i) An oath, upon forms provided by the department which shall contain such information as the department reasonably requires, which may include affirmative evidence of ability to comply with applicable laws and rules.
(3) The rules must establish specifications regarding insignia and other ambulance identification. Any fire department may retain its fire department identity and may use such color scheme, insignia, name, monogram, or other distinguishing characteristic that is acceptable to the fire department for the purpose of designating its vehicles as advanced life support vehicles. However, those advanced life support service/fire rescue vehicles or ambulances operated by fire departments which were purchased in whole or in part with federal funds must comply with federal regulations pertaining to color schemes, emblems, and markings.
(4) The rules must establish circumstances and procedures under which emergency medical technicians and paramedics may honor orders by the patient’s physician not to resuscitate and the documentation and reporting requirements for handling such requests.
(5) The rules must establish requirements for licensees and certificateholders with respect to providing address information to the department; requirements for examinations, grading, and passing scores for certification; and requirements for determining whether a convicted felon whose civil rights have not been restored is eligible for certification or recertification.