16-163-3 Me. Code R. § 5

Current through 2024-51, December 18, 2024
Section 163-3-5 - Licensing Standards
1. An application will not be accepted as complete unless it includes all materials required to be evaluated for licensure. To obtain a new license, a service applicant must:
A. Apply on forms available from Maine EMS.
B. Submit a fee of $100.00
C. Demonstrate to Maine EMS that:
1. The applicant has placed a notice, approved by Maine EMS, in the most widely circulated newspaper(s) serving the proposed 9-1-1 Primary Response Area, unless the applicant is applying for licensure without a 9-1-1 Primary Response Area for interfacility transport operations only. The notice must state:
a. The name and legal status of the entity making application;
b. The name of the proposed service;
c. The type of service proposed;
d. The proposed license level to be provided;
e. The name(s) of the geopolitical subdivision(s) within the proposed 9-1-1 Primary Response Area;
f. That the public is invited to make comment to Maine EMS regarding the proposed application, and that comments must be received by Maine EMS within 30 calendar days after the date of the notice's publication; and,
g. The current mailing address of the Maine EMS office.
2. The applicant possesses the equipment required by these Rules for the type of service and license level proposed.
3. The applicant can provide personnel required by these Rules for the type of service and license level proposed.
4. The applicant, if applying for a license that includes a 9-1-1 Primary Response Area, has made adequate arrangements for full-time dispatch.
5. The applicant possesses two-way radio communications equipment and frequencies for the proposed type of service, including, but not limited to the hospital-ambulance frequencies utilized in the service area(s) pursuant to these Rules and the designated Maine EMS statewide frequency "155.385."
6. If the application is for a new service or a change of service ownership: the applicant, if an individual is of good character, and if a partnership or corporation, its partners or principal officers are of good character. Four character references, written within the past year, must be submitted as a condition of meeting this requirement; none may be from a relative or employee of the applicant.
7. If the application is for a non-transporting service, the non-transporting service has either;
a. Entered into written agreements with the ambulance services which will transport its patients, guaranteeing continuity of care for the patient and simultaneous dispatch of the non-transporting and ambulance services; or,
b. Otherwise addresses these concerns in a plan as approved by Maine EMS which includes as a component a written agreement of this nature with at least one (1) ambulance service.
c. An ambulance service is not required to approve of or enter into a written agreement with a non-transporting EMS service.
d. A service licensed without a 9-1-1 Primary Response Area may not serve as the ambulance service transporting a non-transporting EMS service's patients.
8. The applicant has established a service level Quality Assurance/Quality Improvement Committee (for approval under 32 M.R.S. §92-A) or has identified a Board-approved Quality Assurance/Quality Improvement committee in which the service will participate, and has submitted a quality assurance plan that is subject to Maine EMS approval.
9. The applicant meets the quality assurance/quality improvement requirements of Chapter 18 of these Rules.
10. The applicant has designated a service director, who shall act as the point of contact for the service.
11. The applicant has designated a person whose serves as the training and education point of contact for the service.
12. The applicant has identified the designated infection control officer for the proposed service. Pursuant to 42 U.S.C. § 300ff-136, each employer of emergency response employees in the State of Maine must have a designated infection control officer (ICO) for the purposes of receiving notifications and responses and making requests under 42 U.S.C. Chapter 6A, Subchapter XXIV, Part G. The licensee shall provide the ICO name and contact information to Maine Emergency Medical Services, and promptly notify Maine EMS of any changes in ICO during the term of its license. Maine EMS will provide this information to the Department of Health and Human Services, Maine Center for Disease Control, Division of Infectious Disease.
13. The applicant, if applying for a license or permit to the Advanced EMT (AEMT) or Paramedic levels, has a service-specific medical director.
14. If the applicant lists a service-level medical director, the application must include a medical director agreement.
15. The applicant has in the case of a proposed service requesting a license or permit to administer drugs/medications entered into a written contract with a single hospital which has a pharmacy, several hospitals with either individual or central supply points, or some other source approved by the Board which will provide a system of control and accountability of drugs/medications pursuant to these Rules.
16. If the applicant intends to provide Paramedic Inter--Facility Transfers (PIFT), a separate application must be submitted to and approved by Maine EMS before the service performs such transfers. Personnel providing PIFT treatment on behalf of the service must successfully complete a Maine EMS-approved PIFT course prior to performing such treatment.
17. The applicant has submitted a safety program that addresses its patients, personnel, and the general public during operations.
D. If applying for licensure with a 9-1-1 Primary Response Area, the applicant must define their proposed en-route time(s), response time(s), transport time(s), and time tolerance(s) for each geopolitical subdivision(s) in the proposed service area, based on and including the following;
1. Population count within the proposed service area;
2. Square miles within the proposed service area;
3. Availability of ambulance and crew;
4. Number of anticipated requests for each type and level of ground ambulance transport service in the proposed service area;
5. Available routes of travel within the proposed service area;
6. Dispatch agreement/response plan, including details about the level of response;
7. Geographic features and environmental conditions within the proposed service area; and,
8. Healthcare entities within the proposed service area and Healthcare Receiving Facilities that will likely receive transports from the proposed service area.
E. If the 9-1-1 Primary Response Area is currently served by a licensed ground ambulance service AND:
1. The current ground ambulance service is voluntarily relinquishing that 9-11 Primary Response Area, the applicant must provide a signed and notarized letter from the service director of the ground ambulance service currently licensed for that 9-1-1 Primary Response Area indicating their intent to relinquish that area; OR,
2. If the current ground ambulance service is NOT voluntarily relinquishing that 9-1-1 Primary Response Area, the applicant must provide:
a. A signed and notarized letter from the geopolitical subdivision(s) within a pre-existing 9-1-1 Primary Response Area who are seeking to replace the authorized ground ambulance service; and,
b. A Consultancy Report.
i. The applicant must provide a report from a third-party, disinterested consultant, with experience evaluating the efficiency and delivery of emergency medical services that:
1. Indicates changing ground ambulance services is in the best interest of the residents of the geopolitical subdivision(s);
2. Acknowledges and defends that the change(s) will maintain and/or improve patient care quality;
3. Acknowledges and defends that the change(s) will improve system efficiencies and use of resources; and,
4. Acknowledges and defends that the change(s) maintain and/or enhance response efficiencies.
ii. The above report must be dated within sixty (60) business days of the application's acceptance by Maine EMS as complete.
2. A service license is issued for a period of up to 12 months, with a November 30 expiration.
3. Notwithstanding the notice requirements of § 5(1)(C)(1), Maine EMS may issue a temporary service license for up to 60 days to an applicant if Maine EMS determines that issuance of the temporary license will avert the disruption of emergency medical services in the 9-1-1 Primary Response Area(s) listed in the applicant's application.

16-163 C.M.R. ch. 3, § 5