State Codes and Statutes
Statutes > Utah > Title-26 > Chapter-08a > 26-8a-40826-8a-408. Criteria for determining public convenience and necessity.
(1) The criteria for determining public convenience and necessity is set forth inSubsections (2) through (6).
(2) Access to emergency medical services must be maintained or improved. The officershall consider the impact on existing services, including the impact on response times, callvolumes, populations and exclusive geographic service areas served, and the ability ofsurrounding licensed providers to service their exclusive geographic service areas. The issuanceor amendment of a license may not create an orphaned area.
(3) The quality of service in the area must be maintained or improved. The officer shallconsider the:
(a) staffing and equipment standards of the current licensed provider and the applicant;
(b) training and certification levels of the current licensed provider's staff and theapplicant's staff;
(c) continuing medical education provided by the current licensed provider and theapplicant;
(d) levels of care as defined by department rule;
(e) plan of medical control; and
(f) the negative or beneficial impact on the regional emergency medical service system toprovide service to the public.
(4) The cost to the public must be justified. The officer must consider:
(a) the financial solvency of the applicant;
(b) the applicant's ability to provide services within the rates established under Section26-8a-403;
(c) the applicant's ability to comply with cost reporting requirements;
(d) the cost efficiency of the applicant; and
(e) the cost effect of the application on the public, interested parties, and the emergencymedical services system.
(5) Local desires concerning cost, quality, and access must be considered. The officershall assess and consider:
(a) the existing provider's record of providing services and the applicant's record andability to provide similar or improved services;
(b) locally established emergency medical services goals, including those established inSubsection (7);
(c) comment by local governments on the applicant's business and operations plans;
(d) comment by interested parties that are providers on the impact of the application onthe parties' ability to provide emergency medical services;
(e) comment by interested parties that are local governments on the impact of theapplication on the citizens it represents; and
(f) public comment on any aspect of the application or proposed license.
(6) Other related criteria:
(a) the officer considers necessary; or
(b) established by department rule.
(7) The role of local governments in the licensing of ground ambulance and paramedicproviders that serve areas also served by the local governments is important. The Legislaturestrongly encourages local governments to establish cost, quality, and access goals for the ground
ambulance and paramedic services that serve their areas.
(8) In a formal adjudicative proceeding, the applicant bears the burden of establishing thatpublic convenience and necessity require the approval of the application for all or part of theexclusive geographic service area requested.
Enacted by Chapter 141, 1999 General Session
