State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_153A > GS_153A-250

§ 153A‑250.  Ambulance services.

(a)        A county may by ordinance franchise ambulance servicesprovided in the county to the public at large, whether the service is basedinside or outside the county. The ordinance may:

(1)        Grant franchises to ambulance operators on terms set by theboard of commissioners;

(2)        Make it unlawful to provide ambulance services or to operatean ambulance in the county without such a franchise;

(3)        Limit the number of ambulances that may be operated withinthe county;

(4)        Limit the number of ambulances that may be operated by eachfranchised operator;

(5)        Determine the areas of the county that may be served by eachfranchised operator;

(6)        Establish and from time to time revise a schedule of rates,fees, and charges that may be charged by franchised operators;

(7)        Set minimum limits of liability insurance for eachfranchised operator;

(8)        Establish other necessary regulations consistent with andsupplementary to any statute or any Department of Health and Human Servicesregulation relating to ambulance services.

Before it may adopt an ordinance pursuant to this subsection, the boardof commissioners must first hold a public hearing on the need for ambulanceservices. The board shall cause notice of the hearing to be published once a weekfor two successive weeks before the hearing. After the hearing the board mayadopt an ordinance if it finds that to do so is necessary to assure theprovision of adequate and continuing ambulance service and to preserve,protect, and promote the public health, safety, and welfare.

If a person, firm, or corporation is providing ambulance services in acounty or any portion thereof on the effective date of an ordinance adoptedpursuant to this subsection, the person, firm, or corporation is entitled to afranchise to continue to serve that part of the county in which the service isbeing provided. The board of commissioners shall determine whether the person,firm, or corporation so entitled to a franchise is in compliance with Chapter131E, Article 7; and if that is the case, the board shall grant the franchise.

(b)        In lieu of or in addition to adopting an ordinance pursuantto subsection (a) of this section, a county may operate or contract forambulance services in all or a portion of the county. A county may appropriatefor ambulance services any revenues not otherwise limited as to use by law, andmay establish and from time to time revise schedules of rates, fees, charges,and penalties for the ambulance services. A county may operate its ambulance servicesas a line department or may create an ambulance commission and vest in itauthority to operate the ambulance services.

(c)        A city may adopt an ordinance pursuant to and under theprocedures of subsection (a) of this section and may operate or contract forambulance services pursuant to subsection (b) of this section if (i) the countyin which the city is located has adopted a resolution authorizing the city todo so or (ii) the county has not, within 180 days after being requested by thecity to do so, provided for ambulance services within the city pursuant to thissection. Any action taken by a city pursuant to this subsection shall applyonly within the corporate limits of the city.

If a city is exercising a power granted by this subsection, the countyin which the city is located may thereafter take action to provide forambulance service within the city, either under subsection (a) or subsection(b) of this section, only after having given to the city 180 days' notice ofthe county's intention to take action. At the end of the 180 days, the city'sauthority under this subsection is preempted by the county.

(d)        A county or a city may contract with a franchised ambulanceoperator or with another county or city for ambulance service to be providedupon the call of a department or agency of the county or city. A county maycontract with a franchised ambulance operator for transportation of indigentsor persons certified by the county department of social services to be publicassistance recipients.

(e)        Each county or city operating ambulance services is subjectto the provisions of Chapter 131E, Article 7 ("Regulation of EmergencyMedical Services"). (1967, c. 343, s. 5; 1969,c. 147; 1973, c. 476, s. 128; c. 822, s. 1; 1997‑443, s. 11A.118(a); 2002‑159,s. 51.)