36-2202. Duties of the director; qualifications of medical director

A. The director shall:

1. Appoint a medical director of emergency medical services.

2. Adopt standards and criteria for the denial or granting of certification and recertification of emergency medical technicians and deny certification of, certify and recertify emergency medical technicians. These standards shall allow the department to certify qualified basic emergency medical technicians and paramedics, without requiring completion of statewide standardized training required under section 36-2204, paragraph 1 or passage of a standardized certification test required under section 36-2204, paragraph 2, if the person holds valid registration with the national registry of emergency medical technicians, at the corresponding emergency medical technician level. A basic emergency medical technician or paramedic who is certified because the technician or paramedic holds a valid registration with the national registry of emergency medical technicians must complete the statewide standardized training required under section 36-2204, paragraph 1 or pass the standardized certification test required under section 36-2204, paragraph 2, within six months after the technician or paramedic is certified pursuant to this paragraph.

3. Adopt standards and criteria which pertain to the quality of emergency care pursuant to section 36-2204.

4. Adopt rules necessary to carry out the provisions of this chapter. Each rule shall identify all sections and subsections of this chapter under which the rule was formulated.

5. Adopt reasonable medical equipment, supply, staffing and safety standards, criteria and procedures for issuance of a certificate of registration to operate an ambulance.

6. Maintain a state system for recertifying emergency medical technicians, except as otherwise caused by section 36-2202.01, that is independent from any national registry of emergency medical technicians recertification process. This system shall allow emergency medical technicians to choose to be recertified under the state or the national registry of emergency medical technicians recertification system subject to subsection G of this section.

B. After consultation with the emergency medical services council the director may authorize pilot programs designed to improve the safety and efficiency of ambulance inspections for governmental or quasi-governmental entities that provide emergency medical services in this state.

C. The rules, standards and criteria adopted by the director pursuant to subsection A, paragraphs 2, 3, 4 and 5 of this section shall be adopted in accordance with title 41, chapter 6, except that the director may adopt on an emergency basis pursuant to section 41-1026 rules relating to the regulation of ambulance services in this state necessary to protect the public peace, health and safety in advance of adopting rules, standards and criteria as otherwise provided by this subsection.

D. The director may waive the requirement for compliance with a protocol adopted pursuant to section 36-2205 if the director determines that the techniques, drug formularies or training make the protocol inconsistent with contemporary medical practices.

E. The director may suspend a protocol adopted pursuant to section 36-2205 if the director does all of the following:

1. Determines that the rule is not in the public's best interest.

2. Initiates procedures pursuant to title 41, chapter 6 to repeal the rule.

3. Notifies all interested parties in writing of the director's action and the reasons for that action. Parties interested in receiving notification shall submit a written request to the director.

F. To be eligible for appointment as director of emergency medical services, the person shall be qualified in emergency medicine and shall be licensed as a physician in one of the states of the United States.

G. Applicants for certification shall apply to the director for certification. Emergency medical technicians shall apply for recertification to the director every two years. The director may extend the expiration date of an emergency medical technician's certificate for thirty days. The department shall establish a fee for this extension by rule. Certified emergency medical technicians shall pass an examination administered by the department as a condition for recertification only if required to do so by the advanced life support base hospital's medical director or the certified emergency medical technician's medical director.

H. The medical director of emergency medical services is exempt from the provisions of title 41, chapter 4, articles 5 and 6 and is entitled to receive compensation pursuant to section 38-611, subsection A.

I. The standards, criteria and procedures adopted by the director pursuant to subsection A, paragraph 5 of this section shall require that ambulance services serving a rural or wilderness certificate of necessity area with a population of less than ten thousand persons according to the most recent United States decennial census have at least one ambulance attendant as defined in section 36-2201, paragraph 4, subdivision (a) and one ambulance attendant as defined in section 36-2201, paragraph 4, subdivision (b) staffing an ambulance while transporting a patient and that ambulance services serving a population of ten thousand persons or more according to the most recent United States decennial census shall have at least one ambulance attendant as defined in section 36-2201, paragraph 4, subdivision (a) and one ambulance attendant as defined in section 36-2201, paragraph 4, subdivision (a), (c), (d) or (e) staffing an ambulance while transporting a patient.

J. If the department determines there is not a qualified administrative medical director, the department shall ensure the provision of administrative medical direction for a certified basic emergency medical technician if the certified basic emergency medical technician meets all of the following criteria:

1. Is employed by a not-for-profit or governmental provider employing less than twelve full-time basic emergency medical technician employees.

2. Stipulates to the inability to secure a physician who is willing to provide administrative medical direction.

3. Stipulates that the provider agency does not provide administrative medical direction for its employees.

36-2202. Duties of the director; qualifications of medical director

A. The director shall:

1. Appoint a medical director of emergency medical services.

2. Adopt standards and criteria for the denial or granting of certification and recertification of emergency medical technicians and deny certification of, certify and recertify emergency medical technicians. These standards shall allow the department to certify qualified basic emergency medical technicians and paramedics, without requiring completion of statewide standardized training required under section 36-2204, paragraph 1 or passage of a standardized certification test required under section 36-2204, paragraph 2, if the person holds valid registration with the national registry of emergency medical technicians, at the corresponding emergency medical technician level. A basic emergency medical technician or paramedic who is certified because the technician or paramedic holds a valid registration with the national registry of emergency medical technicians must complete the statewide standardized training required under section 36-2204, paragraph 1 or pass the standardized certification test required under section 36-2204, paragraph 2, within six months after the technician or paramedic is certified pursuant to this paragraph.

3. Adopt standards and criteria which pertain to the quality of emergency care pursuant to section 36-2204.

4. Adopt rules necessary to carry out the provisions of this chapter. Each rule shall identify all sections and subsections of this chapter under which the rule was formulated.

5. Adopt reasonable medical equipment, supply, staffing and safety standards, criteria and procedures for issuance of a certificate of registration to operate an ambulance.

6. Maintain a state system for recertifying emergency medical technicians, except as otherwise caused by section 36-2202.01, that is independent from any national registry of emergency medical technicians recertification process. This system shall allow emergency medical technicians to choose to be recertified under the state or the national registry of emergency medical technicians recertification system subject to subsection G of this section.

B. After consultation with the emergency medical services council the director may authorize pilot programs designed to improve the safety and efficiency of ambulance inspections for governmental or quasi-governmental entities that provide emergency medical services in this state.

C. The rules, standards and criteria adopted by the director pursuant to subsection A, paragraphs 2, 3, 4 and 5 of this section shall be adopted in accordance with title 41, chapter 6, except that the director may adopt on an emergency basis pursuant to section 41-1026 rules relating to the regulation of ambulance services in this state necessary to protect the public peace, health and safety in advance of adopting rules, standards and criteria as otherwise provided by this subsection.

D. The director may waive the requirement for compliance with a protocol adopted pursuant to section 36-2205 if the director determines that the techniques, drug formularies or training make the protocol inconsistent with contemporary medical practices.

E. The director may suspend a protocol adopted pursuant to section 36-2205 if the director does all of the following:

1. Determines that the rule is not in the public's best interest.

2. Initiates procedures pursuant to title 41, chapter 6 to repeal the rule.

3. Notifies all interested parties in writing of the director's action and the reasons for that action. Parties interested in receiving notification shall submit a written request to the director.

F. To be eligible for appointment as director of emergency medical services, the person shall be qualified in emergency medicine and shall be licensed as a physician in one of the states of the United States.

G. Applicants for certification shall apply to the director for certification. Emergency medical technicians shall apply for recertification to the director every two years. The director may extend the expiration date of an emergency medical technician's certificate for thirty days. The department shall establish a fee for this extension by rule. Certified emergency medical technicians shall pass an examination administered by the department as a condition for recertification only if required to do so by the advanced life support base hospital's medical director or the certified emergency medical technician's medical director.

H. The medical director of emergency medical services is exempt from the provisions of title 41, chapter 4, articles 5 and 6 and is entitled to receive compensation pursuant to section 38-611, subsection A.

I. The standards, criteria and procedures adopted by the director pursuant to subsection A, paragraph 5 of this section shall require that ambulance services serving a rural or wilderness certificate of necessity area with a population of less than ten thousand persons according to the most recent United States decennial census have at least one ambulance attendant as defined in section 36-2201, paragraph 4, subdivision (a) and one ambulance attendant as defined in section 36-2201, paragraph 4, subdivision (b) staffing an ambulance while transporting a patient and that ambulance services serving a population of ten thousand persons or more according to the most recent United States decennial census shall have at least one ambulance attendant as defined in section 36-2201, paragraph 4, subdivision (a) and one ambulance attendant as defined in section 36-2201, paragraph 4, subdivision (a), (c), (d) or (e) staffing an ambulance while transporting a patient.

J. If the department determines there is not a qualified administrative medical director, the department shall ensure the provision of administrative medical direction for a certified basic emergency medical technician if the certified basic emergency medical technician meets all of the following criteria:

1. Is employed by a not-for-profit or governmental provider employing less than twelve full-time basic emergency medical technician employees.

2. Stipulates to the inability to secure a physician who is willing to provide administrative medical direction.

3. Stipulates that the provider agency does not provide administrative medical direction for its employees.