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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 51 LABOR AND EMPLOYMENT
Chapter : Chapter 682 Regulation of Ambulance Services and Emergency Medical Personnel
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(1) In accordance with ORS
chapter 183, the Department of Human Services may adopt and may when
necessary amend or repeal such rules as are necessary for carrying out
this chapter.
(2) The department is authorized and directed to establish
appropriate rules in accordance with the provisions of ORS chapter 183
concerning the administration of this chapter. Such rules may deal with,
but are not limited to, such matters as criteria for requirements, types
and numbers of emergency vehicles including supplies and equipment
carried, requirements for the operation and coordination of ambulances
and other emergency care systems, criteria for the use of two-way
communications, procedures for summoning and dispatching aid and other
necessary and proper matters. [Formerly 682.215] The
Department of Human Services may receive and disburse such federal funds
as may be available for carrying out any of the provisions of ORS 820.330
to 820.380 or this chapter. [Formerly 682.295]
As used in this chapter, unless the context
requires otherwise:
(1) “Ambulance” or “ambulance vehicle” means any privately or
publicly owned motor vehicle, aircraft or watercraft that is regularly
provided or offered to be provided for the emergency transportation of
persons suffering from illness, injury or disability.
(2) “Ambulance service” means any person, governmental unit,
corporation, partnership, sole proprietorship or other entity that
operates ambulances and that holds itself out as providing prehospital
care or medical transportation to sick, injured or disabled persons.
(3) “Board” means the Board of Medical Examiners for the State of
Oregon.
(4) “Department” means the Department of Human Services.
(5) “Emergency care” means the performance of acts or procedures
under emergency conditions in the observation, care and counsel of the
ill, injured or disabled; in the administration of care or medications as
prescribed by a licensed physician, insofar as any of these acts is based
upon knowledge and application of the principles of biological, physical
and social science as required by a completed course utilizing an
approved curriculum in prehospital emergency care. However, “emergency
care” does not include acts of medical diagnosis or prescription of
therapeutic or corrective measures.
(6) “Emergency medical technician” or “EMT” means a person who has
received formal training in prehospital and emergency care, and is state
certified to attend any ill, injured or disabled person. Police officers,
firefighters, funeral home employees and other personnel serving in a
dual capacity one of which meets the definition of “emergency medical
technician” are “emergency medical technicians” within the meaning of
this chapter.
(7) “First responder” means a person who has successfully completed
a first responder training course approved by the department and:
(a) Has been examined and certified as a first responder by an
authorized representative of the department to perform basic emergency
and nonemergency care procedures; or
(b) Has been otherwise designated as a first responder by an
authorized representative of the department to perform basic emergency
and nonemergency care procedures.
(8) “Fraud or deception” means the intentional misrepresentation or
misstatement of a material fact, concealment of or failure to make known
any material fact, or any other means by which misinformation or false
impression knowingly is given.
(9) “Governmental unit” means the state or any county, municipality
or other political subdivision or any department, board or other agency
of any of them.
(10) “Highway” means every public way, thoroughfare and place,
including bridges, viaducts and other structures within the boundaries of
this state, used or intended for the use of the general public for
vehicles.
(11) “Nonemergency care” means the performance of acts or
procedures on a patient who is not expected to die, become permanently
disabled or suffer permanent harm within the next 24 hours, including but
not limited to observation, care and counsel of a patient and the
administration of medications prescribed by a physician licensed under
ORS chapter 677, insofar as any of those acts are based upon knowledge
and application of the principles of biological, physical and social
science and are performed in accordance with scope of practice rules
adopted by the Board of Medical Examiners in the course of providing
prehospital care as defined by this section.
(12) “Owner” means the person having all the incidents of ownership
in an ambulance service or an ambulance vehicle or where the incidents of
ownership are in different persons, the person, other than a security
interest holder or lessor, entitled to the possession of an ambulance
vehicle or operation of an ambulance service under a security agreement
or a lease for a term of 10 or more successive days.
(13) “Patient” means an ill, injured or disabled person transported
in an ambulance.
(14) “Person” means any individual, corporation, association, firm,
partnership, joint stock company, group of individuals acting together
for a common purpose or organization of any kind and includes any
receiver, trustee, assignee or other similar representative thereof.
(15) “Prehospital care” means that care rendered by emergency
medical technicians as an incident of the operation of an ambulance as
defined by this chapter and that care rendered by emergency medical
technicians as incidents of other public or private safety duties, and
includes, but is not limited to, “emergency care” as defined by this
section.
(16) “Scope of practice” means the maximum level of emergency or
nonemergency care that an emergency medical technician may provide.
(17) “Standing orders” means the written protocols that an
emergency medical technician follows to treat patients when direct
contact with a physician is not maintained.
(18) “Supervising physician” means a medical or osteopathic
physician licensed under ORS chapter 677, actively registered and in good
standing with the board, who provides direction of emergency or
nonemergency care provided by emergency medical technicians.
(19) “Unprofessional conduct” means conduct unbecoming a person
certified in emergency care, or detrimental to the best interests of the
public and includes:
(a) Any conduct or practice contrary to recognized standards of
ethics of the medical profession or any conduct or practice which does or
might constitute a danger to the health or safety of a patient or the
public or any conduct, practice or condition which does or might impair
an emergency medical technician’s ability safely and skillfully to
practice emergency or nonemergency care;
(b) Willful performance of any medical treatment which is contrary
to acceptable medical standards; and
(c) Willful and consistent utilization of medical service for
treatment which is or may be considered inappropriate or unnecessary.
[Formerly 823.020; 1997 c.249 §208; 1997 c.637 §§1,1a]As used in ORS 682.031, 682.062 and 682.066, “ambulance
services” includes the transportation of an ill, injured or disabled
individual in an ambulance and, in connection therewith, the
administration of prehospital and out-of-hospital medical, emergency or
nonemergency care, if necessary. [Formerly 682.043](1) It is unlawful for any person or
governmental unit to:
(a) Intentionally make any false statement on an application for an
ambulance service license, ambulance vehicle license or for certification
as an emergency medical technician or first responder or on any other
documents required by the Department of Human Services; or
(b) Make any misrepresentation in seeking to obtain or retain a
certification or license.
(2) Any violation described in subsection (1) of this section is
also grounds for denial, suspension or revocation of a certification or
license under ORS 682.220. [Formerly 682.255](1) As used in this section,
“political subdivision” includes counties, cities, districts, authorities
and other public corporations and entities organized and existing under
statute or charter.
(2) An ordinance of any political subdivision regulating ambulance
services or emergency medical technicians shall not require less than is
required under ORS 820.300 to 820.380, or this chapter or the rules
adopted by the Department of Human Services under this chapter.
(3) When a political subdivision enacts an ordinance regulating
ambulance services or emergency medical technicians, the ordinance must
comply with the county plan for ambulance services and ambulance service
areas adopted under ORS 682.062 by the county in which the political
subdivision is situated and with the rules of the department relating to
such services and service areas. The determination of whether the
ordinance is in compliance with the county plan shall be made by the
county governing body. [Formerly 682.275]ORS 820.330 to 820.380 and
this chapter do not apply to:
(1) Ambulances owned by or operated under the control of the United
States Government.
(2) Vehicles being used to render temporary assistance in the case
of a major catastrophe or emergency with which the ambulance services of
the surrounding locality are unable to cope, or when directed to be used
to render temporary assistance by an official at the scene of an accident.
(3) Vehicles operated solely on private property or within the
confines of institutional grounds, whether or not the incidental crossing
of any highway through the property or grounds is involved.
(4) Vehicles operated by lumber industries solely for the
transportation of lumber industry employees.
(5) Any person who drives or who attends an ill, injured or
disabled person transported in a vehicle mentioned in subsections (1) to
(4) of this section.
(6) Any person who otherwise by license is authorized to attend
patients. [Formerly 823.030](1) The Department of Human Services
shall appoint a State Emergency Medical Service Committee composed of 18
members as follows:
(a) Seven physicians licensed under ORS chapter 677 whose practice
consists of routinely treating emergencies such as cardiovascular illness
or trauma, appointed from a list submitted by the Board of Medical
Examiners.
(b) Four emergency medical technicians whose practices consist of
routinely treating emergencies, including but not limited to
cardiovascular illness or trauma, at least one of whom is at the lowest
level of emergency medical technician certification established by the
department at the time of appointment. EMTs appointed pursuant to this
paragraph shall be selected from lists submitted by each area trauma
advisory board. The lists shall include nominations from entities
including but not limited to organizations that represent emergency care
providers in Oregon.
(c) One volunteer ambulance operator, one person representing
governmental agencies that provide ambulance services and one person
representing a private ambulance company.
(d) One hospital administrator.
(e) One nurse who has served at least two years in the capacity of
an emergency department nurse.
(f) One representative of an emergency dispatch center.
(g) One community college or licensed career school representative.
(2) The committee shall include at least one resident but no more
than three residents from each region served by one area trauma advisory
board at the time of appointment.
(3) Appointments shall be made for a term of four years in a manner
to preserve insofar as possible the representation of the organization
described in subsection (1) of this section. Vacancies shall be filled
for any unexpired term as soon as the department can make such
appointments. The committee shall choose its own chairperson and shall
meet at the call of the chairperson or the department administrator.
(4) The State Emergency Medical Service Committee shall:
(a) Advise the department concerning the adoption, amendment and
repeal of rules authorized by this chapter;
(b) Assist the Emergency Medical Services and Trauma Systems
Program in providing state and regional emergency medical services
coordination and planning;
(c) Assist communities in identifying emergency medical service
system needs and quality improvement initiatives;
(d) Assist the Emergency Medical Services and Trauma Systems
Program in prioritizing, implementing and evaluating emergency medical
service system quality improvement initiatives identified by communities;
(e) Review and prioritize rural community emergency medical service
funding requests and provide input to the Rural Health Coordinating
Council; and
(f) Review and prioritize funding requests for rural community
emergency medical service training and provide input to the Area Health
Education Center program.
(5) The chairperson of the committee shall appoint a subcommittee
on EMT certification and discipline, consisting of five physicians and
four EMTs. The subcommittee shall advise the department and the board on
the adoption, amendment, repeal and application of rules concerning ORS
682.204 to 682.220 and 682.245. The decisions of this subcommittee shall
not be subject to the review of the full State Emergency Medical Service
Committee.
(6) Members are entitled to compensation as provided in ORS
292.495. [Formerly 682.195]AMBULANCE SERVICESThe Legislative Assembly declares that the regulation of
ambulance services and the establishment of ambulance service areas are
important functions of counties, cities and rural fire protection
districts in this state. It is the intent of the Legislative Assembly in
ORS 478.260, 682.027, 682.031, 682.041, 682.062, 682.063 and 682.066 to
affirm the authority of counties, cities and rural fire protection
districts to regulate ambulance services and areas and to exempt such
regulation from liability under federal antitrust laws. [Formerly 682.315]
(1) A license for an ambulance service or the operation of ambulance
vehicles shall be obtained from the Department of Human Services.
(2) Applications for licenses shall be upon forms prescribed by the
department and shall contain:
(a) The name and address of the person or governmental unit owning
the ambulance service or vehicle.
(b) If other than the applicant’s true name, the name under which
the applicant is doing business.
(c) In the case of an ambulance vehicle, a description of the
ambulance, including the make, model, year of manufacture, registration
number and the insignia name, monogram or other distinguishing
characteristics to be used to designate the applicant’s ambulance
vehicles.
(d) The location and description of the principal place of business
of the ambulance service, and the locations and descriptions of the place
or places from which its ambulance is intended to operate.
(e) Such other information as the department may reasonably require
to determine compliance with ORS 820.350 to 820.380 and this chapter and
the rules adopted thereunder.
(3) Except in the case of governmental units, the application shall
be accompanied by future responsibility filing of the type described
under ORS 806.270. [Formerly 823.060](1) When applications have been made as required under
ORS 682.045, the Department of Human Services shall issue licenses to the
owner if it is found that the ambulance service and ambulance comply with
the requirements of ORS 820.350 to 820.380 and this chapter and the rules
adopted thereunder.
(2) Each license unless sooner suspended or revoked shall expire on
the next June 30.
(3) The department may initially issue a license for less than a
12-month period or for more than a 12-month period not to exceed 15
months.
(4) Licenses shall be issued only to the owner of the ambulance
service and only for the ambulance named in the application and shall not
be transferable to any other person, governmental unit, ambulance service
or ambulance.
(5) Licenses shall be displayed as prescribed by the rules of the
department.
(6) The department shall provide for the replacement of any current
license that becomes lost, damaged or destroyed. A replacement fee of $10
shall be charged for each replacement license.
(7) Nonrefundable fees in the following amounts shall accompany
each initial and each subsequent annual application to obtain a license
to operate an ambulance service and ambulance:
(a) $75 for an ambulance service having a maximum of four full-time
paid positions;
(b) $250 for an ambulance service having five or more full-time
paid positions;
(c) $45 for each ambulance license if the ambulance is owned and
operated by an ambulance service that has a maximum of four full-time
paid positions; and
(d) $80 for each ambulance license if the ambulance is owned and
operated by an ambulance service having five or more full-time paid
positions.
(8) The fees established under subsection (7) of this section do
not apply to an ambulance or vehicle described under ORS 682.035.
[Formerly 823.070; 1997 c.316 §1](1) A person or governmental unit
commits the offense of unlawful operation of an unlicensed ambulance if,
on and after July 1, 1983, or the offense of unlawful operation of an
unlicensed ambulance service if, on and after July 1, 1994, the person or
governmental unit advertises or operates in this state a motor vehicle,
aircraft or watercraft ambulance that:
(a) Is not operated by an ambulance service licensed under this
chapter;
(b) Is not licensed under this chapter; and
(c) Does not meet the minimum requirements established under this
chapter by the Department of Human Services in consultation with the
State Emergency Medical Service Committee for that type of ambulance.
(2) As used in this section, “governmental unit” and “person” have
the meaning given those terms in ORS 682.025.
(3) This section does not apply to any ambulance or any person if
the ambulance or person is exempted by ORS 682.035 or 682.079 from
regulation by the Department of Human Services.
(4) Authority of political subdivisions to regulate ambulance
services or to regulate or allow the use of ambulances is limited under
ORS 682.031.
(5) The offense described in this section, unlawful operation of an
unlicensed ambulance or ambulance service, is a Class A misdemeanor. Each
day of continuing violation shall be considered a separate offense.
(6) In addition to the penalties prescribed by subsection (5) of
this section, the Department of Human Services may impose upon a licensed
ambulance service a civil penalty not to exceed $5,000 for each violation
of this chapter and the rules adopted thereunder. Each day of continuing
violation shall be considered a separate violation for purposes of this
subsection. [Formerly 682.015](1) Upon the
request of the designated official of an ambulance service as defined in
ORS 682.051, a first responder as defined in ORS 682.025, the emergency
medical services system authority in the county in which a prehospital
care event occurred or the Department of Human Services, a hospital
licensed under ORS chapter 441 may provide to the requester the following
information:
(a) The disposition of the person who was the subject of the
prehospital care event from the emergency department or other intake
facility of the hospital, including but not limited to:
(A) Whether the person was admitted to the hospital; and
(B) If the person was admitted, to what unit the person was
assigned;
(b) The diagnosis given the person in the emergency department or
other intake facility; and
(c) Whether within the first hour after the person arrived at the
hospital, the person received one or more medical procedures on a list
that the Department of Human Services shall establish by rule.
(2) Information provided pursuant to subsection (1) of this section
shall be:
(a) Treated as a confidential medical record and not disclosed;
(b) Considered privileged data under ORS 41.675 and 41.685; and
(c) Used only for legitimate medical quality assurance and quality
improvement activities.
(3) A hospital may charge a fee reasonably related to the actual
cost of providing the information requested pursuant to this section.
(4) For purposes of this section, “emergency medical services
system” has the meaning given in ORS 41.685. [Formerly 682.037]Note: 682.056 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 682 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) Each county shall develop a plan for the county or two or more
contiguous counties may develop a plan relating to the need for and
coordination of ambulance services and establish one or more ambulance
service areas consistent with the plan for the efficient and effective
provision of ambulance services.
(2) Each person, city or rural fire protection district within the
county that provides or desires to provide ambulance services shall
notify the county in writing if the person, city or district wants to be
consulted prior to the adoption or amendment of a county plan for
ambulance services.
(3) Prior to adopting or amending a plan under subsection (1) of
this section, a county shall notify each person, city or district that
notified the county under subsection (2) of this section of its desire to
be consulted. The county governing body shall consult with and seek
advice from such persons, cities and districts with regard to the plan
and to the boundaries of any ambulance service areas established under
the plan. After such consultation, the county shall adopt or amend a plan
in the same manner as the county enacts nonemergency ordinances.
(4) Any plan developed and any service area established pursuant to
subsection (1) of this section shall be submitted to the Department of
Human Services.
(5) The department, in consultation with the appropriate bodies
specified in subsection (1) of this section, shall adopt rules pursuant
to ORS chapter 183 that specify those subjects to be addressed and
considered in any plan for ambulance services and areas under subsection
(1) of this section and those subjects to be addressed and considered in
the adoption of any such plan. The rules shall be uniform, as far as
practicable, but take into consideration unique circumstances of local
districts.
(6) The department shall review a plan submitted under subsection
(4) of this section for compliance with the rules of the department
adopted under subsection (5) of this section. Not later than 60 days
after receiving the plan, the department shall approve the plan if it
complies with the rules or disapprove the plan. The department shall give
written notice of such action to the county and, when a plan is not
approved, the notice shall indicate specifically how the plan does not
comply with the rules of the department. The county shall modify the plan
to comply with the rules and shall submit the modified plan to the
department for review under this subsection.
(7) The rules adopted under subsection (5) of this section shall be
enforceable by the department in a proceeding in circuit court for
equitable relief.
(8) This section does not require a county to establish more than
one ambulance service area within the county. [Formerly 682.205](1) In addition to the other requirements of ORS
682.031 and 682.062, when initially adopting a plan for ambulance
services and ambulance service areas under ORS 682.062 or upon any
subsequent review of the plan, a county shall:
(a) Consider any and all proposals for providing ambulance services
that are submitted by a person or governmental unit or a combination
thereof;
(b) Require persons and governmental units that desire to provide
ambulance services under the plan to meet all the requirements
established by the plan; and
(c) Consider existing boundaries of cities and rural fire
protection districts when establishing ambulance service areas under the
plan.
(2) When determining the provider of ambulance services upon
initial adoption or subsequent review of a plan under ORS 682.062, a
county shall not grant preference under the plan to any person or
governmental unit solely because that person or governmental unit is
providing ambulance services at the time of adoption or review of the
plan. [Formerly 682.335]When a county plan is not adopted for a county under ORS
682.062, a person or governmental unit may provide ambulance services
within the county. A city or rural fire protection district may provide
such services within and outside the city or district boundaries in
accordance with policies adopted by the governing body of the city or
district, including operation in other districts or cities by
intergovernmental agreement under ORS chapter 190. [Formerly 682.345](1) The Department of Human Services, in
consultation with the State Emergency Medical Service Committee, shall
adopt rules specifying minimum requirements for ambulance services, and
for staffing and medical and communications equipment requirements for
all types of ambulances. The rules shall define the requirements for
advanced life support and basic life support units of emergency vehicles,
including equipment and emergency medical technician staffing of the
passenger compartment when a patient is being transported in emergency
circumstances.
(2) The department may waive any of the requirements imposed by
this chapter in medically disadvantaged areas as determined by the
Director of Human Services, or upon a showing that a severe hardship
would result from enforcing a particular requirement.
(3) The department shall exempt from rules adopted under this
section air ambulances that do not charge for the provision of ambulance
services. [Formerly 682.225](1) A city, rural fire protection district or rural
ambulance district providing transportation services through use of
licensed ambulances that either individually or jointly accept prepayment
from persons within their service areas for ambulance and emergency
medical services, or ambulance services only, but not for other health
care services, and a for-profit or not-for-profit corporation that
accepts prepayment for ambulance and emergency medical services, or
ambulance services only, but not for other health services, operating
within this state or in another state, may enter into an exchange of
services agreement for ambulance and emergency medical services.
(2) Any public entity described in subsection (1) of this section
may enter into an exchange of services agreement with another comparable
entity, operating within this state or in another state, for ambulance
and emergency medical services. [Formerly 682.355]Note: 682.071 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 682 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) Subject to any law
or rule pursuant thereto relating to the construction or equipment of
ambulances, the Department of Human Services shall, with the advice of
the State Emergency Medical Service Committee appointed under ORS 682.039
and in accordance with ORS chapter 183, adopt and when necessary amend or
repeal rules relating to the construction, maintenance, capacity,
sanitation, emergency medical supplies and equipment of ambulances.
(2) In order for an owner to secure and retain a license for an
ambulance under this chapter, it shall meet the requirements imposed by
rules of the department. The requirements may relate to construction,
maintenance, capacity, sanitation and emergency medical supplies and
equipment on ambulances. Such requirements shall include, but are not
limited to, requirements relating to space in patient compartments,
access to patient compartments, storage facilities, operating condition,
cots, mattresses, stretchers, cot and stretcher fasteners, bedding,
oxygen and resuscitation equipment, splints, tape, bandages, tourniquets,
patient convenience accessories, cleanliness of vehicle and laundering of
bedding. [Formerly 823.080] (1) The
Department of Human Services may grant exemptions or variances from one
or more of the requirements of ORS 820.330 to 820.380 or this chapter or
the rules adopted thereunder to any class of vehicles if it finds that
compliance with such requirement or requirements is inappropriate because
of special circumstances which would render compliance unreasonable,
burdensome or impractical due to special conditions or cause, or because
compliance would result in substantial curtailment of necessary ambulance
service. Such exemptions or variances may be limited in time or may be
conditioned as the department considers necessary to protect the public
welfare.
(2) In determining whether or not a variance shall be granted, the
advice of the State Emergency Medical Service Committee shall be received
and in all cases the equities involved and the advantages and
disadvantages to the welfare of patients and the owners of vehicles shall
be weighed by the department.
(3) Rules under this section shall be adopted, amended or repealed
(1) The Department of
Human Services or its authorized representatives may at reasonable times
inspect ambulances and ambulance services licensed or subject to being
licensed under this chapter.
(2) The department may suspend or revoke a license if the ambulance
service owner fails to take corrective action required pursuant to an
inspection of an ambulance or ambulance service under this section.
[Formerly 823.090; 1997 c.316 §2] (1) When a
city, county or district requires an ambulance service currently
operating within the city, county or district to be replaced by another
public or private ambulance service, the city, county or district shall
provide that:
(a) Paramedic staffing shall be maintained at least at the levels
established in the local plan for ambulance services and ambulance
service areas developed under ORS 682.062; and
(b) When hiring paramedics to fill vacant or new positions during
the six-month period immediately following the date of replacement, the
replacement ambulance service shall give preference to qualified
employees of the previous ambulance service at comparable certification
levels.
(2) As used in this section:
(a) “Ambulance” has the meaning given that term by ORS 682.025.
(b) “Ambulance service” means any individual, partnership,
corporation, association or agency that provides transport services and
emergency medical services through use of licensed ambulances.
(c) “District” has the meaning given that term by ORS 198.010.
(d) “Paramedic” has the meaning given that term by ORS 682.025.
[Formerly 682.305](1) In order to secure and retain a
license under this chapter, the owner of an ambulance or ambulance
service, other than a governmental unit, shall file and maintain with the
Department of Human Services proof of ability to respond in damages for
liability arising from the ownership, operation, use or maintenance of
the ambulance, or arising from the delivery of prehospital care, in the
amount of:
(a) $100,000 because of bodily injury to or death of one person in
any one accident;
(b) Subject to that limit for one person, $300,000 because of
bodily injury to or death of two or more persons in any one accident;
(c) $20,000 because of injury to or destruction of the property of
others in any one accident; and
(d) $500,000 because of injury arising from the negligent provision
of prehospital care to any individual.
(2) Proof of financial responsibility under subsection (1) of this
section may be given by filing with the department for the benefit of the
owner:
(a) A certificate of insurance issued by an insurance carrier
licensed to transact insurance in this state showing that the owner has
procured and that there is in effect a motor vehicle liability policy for
the limits of financial responsibility mentioned in subsection (1)(a) to
(c) of this section designating by explicit description all motor
vehicles with respect to which coverage is granted thereby and insuring
the named insured and all other persons using any such motor vehicle with
insured’s consent against loss from the liabilities imposed by law for
damages arising out of the ownership, operation, use or maintenance of
any such motor vehicle, and that there is in effect a professional
liability policy for the limit of financial responsibility described in
subsection (1)(d) of this section insuring the named insured and all
other persons engaged in the provision of prehospital care under the
auspices of the licensed ambulance service against loss from the
liabilities imposed by law for damages arising out of the provision of
prehospital care;
(b) A bond conditioned for the paying in behalf of the principal,
the limits of financial responsibility mentioned in subsection (1) of
this section; or
(c) A certificate of the State Treasurer that such owner has
deposited with the State Treasurer the sum of $320,000 in cash, in the
form of an irrevocable letter of credit issued by an insured institution
as defined in ORS 706.008 or in securities such as may legally be
purchased by fiduciaries or for trust funds of a market value of
$320,000. [Formerly 823.100; 1997 c.631 §521](1) When insurance is the method chosen to prove financial
responsibility, the certificate of insurance shall be signed by an
authorized company representative and shall contain the following
information:
(a) The date on which the policy was issued.
(b) The name and address of the named insured.
(c) The policy number.
(d) The amount of coverage in terms of the liability limits stated
in ORS 682.105.
(2) The policy of insurance for which the certificate is given
shall not be canceled or terminated except upon the giving of 10 days’
prior written notice to the Department of Human Services. However, an
insurance policy subsequently procured and certified to the department
shall, on the date the certificate is filed with the department,
terminate the insurance previously certified with respect to any owner or
vehicle designated in both certificates.
(3) The vehicle policy need not insure any liability under any
worker’s compensation, nor any liability on account of bodily injury to
or death of an employee of the insured while engaged in the employment of
the insured, or while engaged in the operation, maintenance or repair of
a vehicle nor any liability for damage to property owned by, rented to,
in charge of or transported by the insured.
(4) The requirements for a vehicle liability policy and certificate
of insurance may be fulfilled by the policies and certificates of one or
more insurance carriers which policies and certificates together meet
such requirements. [Formerly 823.110]ORS 682.111 to 682.117 apply to a bond,
letter of credit or certificate evidencing deposit with the Department of
Human Services that is the method chosen to prove financial
responsibility under this chapter. The dollar amounts required for the
bonds, letters of credit or deposits shall be $320,000. [Formerly
823.120; 2003 c.14 §433; 2003 c.175 §18] A bond used to comply with
financial responsibility requirements under this chapter must meet all of
the following requirements:
(1) The bond must be in the amount required by ORS 682.109.
(2) The bond must be approved by a judge of a court of record in
this state.
(3) The bond must contain a provision that it cannot be canceled
except upon the giving of 10 days’ prior written notice to the Department
of Human Services.
(4) The bond must be provided by either of the following:
(a) A surety company.
(b) Two persons who are residents of Oregon and who each own real
property in this state having together equities at least of the value
required for the bond under ORS 682.109.
(5) If the bond is provided by real property owners in this state,
the bond must contain a schedule of the real property owned by each of
the sureties that will be used to meet the financial responsibility
requirements of this chapter.
(6) The bond must be conditioned to pay, on behalf of the
principal, the limits of financial responsibility requirements under this
chapter.
(7) The bond must be conditioned to pay, on behalf of the
principal, judgments against a person for liability described in ORS
682.105 and must be subject to action under ORS 682.113.
(8) The bond is subject to any rules adopted by the department
relating to such bonds. [2003 c.175 §20] (1) If
a judgment rendered against the principal on a bond described under ORS
682.111 is not settled within 60 days after it has become final, a
judgment creditor, for the judgment creditor’s own use and benefit and at
the judgment creditor’s sole expense, may bring an action against any
surety on the bond. An action brought under this section must be brought
in the name of the state. An action under this section may include any
action or proceeding to foreclose any lien established upon the real
property of a surety under ORS 682.111.
(2) For purposes of this section, a judgment is satisfied when any
of the following occurs:
(a) Payments in the amounts established by the payment schedule
under ORS 682.105 have been credited upon any judgment or judgments
rendered in excess of those amounts.
(b) Judgments rendered for less than the amounts established under
ORS 682.105 have been satisfied.
(c) The judgment creditor and the judgment debtor have mutually
agreed upon a compromise settlement of the judgment.
(d) The judgment against the judgment debtor has been discharged in
bankruptcy. [2003 c.175 §21](1) A person may satisfy the financial
responsibility requirements of ORS 682.105 by depositing with the
Department of Human Services the following:
(a) Cash;
(b) Legally issued general obligations of the United States, the
agencies and instrumentalities of the United States and the States of
Oregon, Washington, Idaho and California;
(c) Certificates of deposit or other similar instruments if the
instruments are insured by the Federal Deposit Insurance Corporation; or
(d) Any combination of cash or instruments described in this
subsection.
(2) The department shall hold the deposit under terms and
conditions that the department designates by rule. The department may
deliver the deposit to the State Treasurer, who shall receive and hold
the deposit subject to the order of the department. The depositor shall
reimburse the State Treasurer for any expenses incurred by the State
Treasurer in mailing, insuring, shipping or delivering the cash or
instruments in the deposit.
(3) The department, by order, may authorize the State Treasurer to
use the deposit as follows:
(a) To satisfy any execution on a judgment that is against the
person making the deposit for any liability described in ORS 682.105 and
that results from a cause of action that accrued after the deposit was
made; or
(b) To release any or all of the deposit to the depositor or other
person as the department considers appropriate.
(4) While deposited with the department, the cash or instruments in
the deposit are not subject to attachment or execution unless the
attachment or execution arises out of a judgment against the person
making the deposit for any liability described in ORS 682.105 and that
results from a cause of action that accrued after the deposit was made.
(5) The department shall issue the depositor a certificate
evidencing the deposit. [2003 c.175 §22]EMERGENCY MEDICAL PERSONNEL(1) On and after September 13, 1975, it shall be
unlawful:
(a) For any person to act as an emergency medical technician
without being certified under this chapter.
(b) For any person or governmental unit which operates an ambulance
to authorize a person to act for it as an emergency medical technician
without being certified under this chapter.
(c) For any person or governmental unit to operate or allow to be
operated in this state any ambulance unless it is operated with at least
one certified emergency medical technician.
(2) It is a defense to any charge under this section that there was
a reasonable basis for believing that the performance of services
contrary to this section was necessary to preserve human life, that
diligent effort was made to obtain the services of a certified emergency
medical technician and that the services of a certified emergency medical
technician were not available or were not available in time as under the
circumstances appeared necessary to preserve such human life.
(3) Subsection (1) of this section is not applicable to any
individual, group of individuals, partnership, entity, association or
other organization otherwise subject thereto providing a service to the
public exclusively by volunteer unpaid workers, nor to any person who
acts as an ambulance attendant therefor, provided that in the particular
county in which the service is rendered, the county court or board of
county commissioners has by order, after public hearing, granted
exemption from such subsection to the individual, group, partnership,
entity, association or organization. When exemption is granted under this
section, any person who attends an ill, injured or disabled person in an
ambulance may not purport to be an emergency medical technician or use
the designation “EMT.” [Formerly 682.135](1) For any person to be certified as an emergency medical
technician or first responder, an application for certification shall be
made to the Department of Human Services. The application shall be upon
forms prescribed by the department and shall contain:
(a) The name and address of the applicant.
(b) The name and location of the training course successfully
completed by the applicant and the date of completion.
(c) Certification that to the best of the applicant’s knowledge the
applicant is physically and mentally qualified to act as an emergency
medical technician or first responder, is free from addiction to
controlled substances or alcoholic beverages, or if not so free, has been
and is currently rehabilitated and is free from epilepsy or diabetes, or
if not so free, has been free from any lapses of consciousness or control
occasioned thereby for a period of time as prescribed by rule of the
department.
(d) Such other information as the department may reasonably require
to determine compliance with applicable provisions of this chapter and
the rules adopted thereunder.
(2) The application shall be accompanied by proof as prescribed by
rule of the department of the applicant’s successful completion of a
training course approved by the department, and if an extended period of
time has elapsed since the completion of the course, of a satisfactory
amount of continuing education.
(3) The department shall adopt a schedule of minimum educational
requirements in emergency and nonemergency care for emergency medical
technicians and first responders. The department, with the advice of the
State Emergency Medical Service Committee, may establish levels of
emergency medical technician certification as may be necessary to serve
the public interest. A course approved by the department shall be
designed to protect the welfare of out-of-hospital patients, to promote
the health, well-being and saving of the lives of such patients and to
reduce their pain and suffering. [Formerly 682.145] (1) A nonrefundable
initial application fee shall be submitted with the initial application
for emergency medical technician and first responder certification. In
addition, a nonrefundable examination fee shall be submitted for the
following purposes:
(a) First responder written examination;
(b) Emergency medical technician written examination;
(c) Emergency medical technician practical examination; and
(d) A fee deemed necessary by the Department of Human Services to
cover the fee charged by the national examination agency or other
examination service utilized by the department for the purpose of
examining candidates for emergency medical technician certification.
(2) Subject to the review of the Oregon Department of
Administrative Services, the fees and charges established under this
section shall not exceed the cost of administering the regulatory program
of the Department of Human Services pertaining to the purpose for which
the fee or charge is established, as authorized by the Legislative
Assembly for the department’s budget, as the budget may be modified by
the Emergency Board.
(3) All moneys received by the department under this chapter shall
be paid into the General Fund in the State Treasury and placed to the
credit of the department account and such moneys hereby are appropriated
continuously and shall be used only for the administration and
enforcement of this chapter. [Formerly 682.155]Note: 682.212 (formerly 823.145) was added to and made a part of
ORS chapter 682 (formerly ORS chapter 823) by legislative action but was
not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.(1) When application has been made as required under
ORS 682.208, the Department of Human Services shall certify the applicant
as an emergency medical technician or as a first responder if it finds:
(a) The applicant has successfully completed a training course
approved by the department.
(b) The applicant’s physical and mental qualifications have been
certified as required under ORS 682.208.
(c) No matter has been brought to the attention of the department
which would disqualify the applicant.
(d) A nonrefundable fee has been paid to the department pursuant to
ORS 682.212.
(e) The applicant for emergency medical technician certification is
18 years of age or older and the applicant for first responder is 16
years of age or older.
(f) The applicant has successfully completed examination as
prescribed by the department.
(g) The applicant meets other requirements prescribed by rule of
the department.
(2) The department may provide for the issuance of a provisional
certification for emergency medical technicians.
(3) The department may issue by indorsement certification for
emergency medical technician without proof of completion of an approved
training course to an emergency medical technician who is licensed to
practice emergency care in another state of the United States or a
foreign country if, in the opinion of the department, the applicant meets
the requirements of certification in this state and can demonstrate to
the satisfaction of the department competency to practice emergency care.
The department shall be the sole judge of credentials of any emergency
medical technician applying for certification without proof of completion
of an approved training course.
(4) Each person holding a certificate under ORS 682.208 and this
section shall submit, at the time of application for renewal of the
certificate to the department, evidence of the applicant’s satisfactory
completion of a department approved program of continuing education and
other requirements prescribed by rule by the department.
(5) The department shall prescribe criteria and approve programs of
continuing education in emergency and nonemergency care to meet the
requirements of this section.
(6) The department shall include a fee pursuant to ORS 682.212 for
late renewal and for issuance of any duplicate certificate. Each
certification issued under this section, unless sooner suspended or
revoked, shall expire and be renewable after a period of two years. Each
certificate must be renewed on or before June 30 of every second year.
The department by rule shall establish a schedule of certificate renewals
under this subsection and shall prorate the fees to reflect any shorter
certificate period.
(7) Nothing in this chapter authorizes an emergency medical
technician or first responder to operate an ambulance without a driver
license as required under the Oregon Vehicle Code. [Formerly 682.157](1) The Department of Human Services may deny, suspend or
revoke licenses for ambulances and ambulance services in accordance with
the provisions of ORS chapter 183 for a failure to comply with any of the
requirements of ORS 820.350 to 820.380 and this chapter or the rules
adopted thereunder.
(2) The certification of an emergency medical technician may be
denied, suspended or revoked in accordance with the provisions of ORS
chapter 183 for any of the following reasons:
(a) A failure to have completed successfully a department approved
course.
(b) In the case of provisional certifications, failure to have
completed successfully a department approved course.
(c) Failure to meet or continue to meet the physical and mental
qualifications required to be certified under ORS 682.208.
(d) The use of fraud or deception in receiving a certificate.
(e) Practicing skills beyond the scope of practice established by
the Board of Medical Examiners for the State of Oregon under ORS 682.245.
(f) Rendering emergency or nonemergency care under an assumed name.
(g) The impersonation of another EMT.
(h) Unprofessional conduct.
(i) Obtaining a fee by fraud or misrepresentation.
(j) Habitual or excessive use of intoxicants or drugs.
(k) The presence of a mental disorder that demonstrably affects an
EMT’s performance, as certified by two psychiatrists retained by the
department.
(L) Subject to ORS 670.280, conviction of any criminal offense that
reasonably raises questions about the ability of the EMT to perform the
duties of an EMT in accordance with the standards established by this
chapter. A copy of the record of conviction, certified to by the clerk of
the court entering the conviction, shall be conclusive evidence of the
conviction.
(m) Suspension or revocation of an emergency medical technician
certificate issued by another state:
(A) For a reason that would permit the department to suspend or
revoke a certificate issued under this chapter; and
(B) Evidenced by a certified copy of the order of suspension or
revocation.
(n) Gross negligence or repeated negligence in rendering emergency
medical assistance.
(o) Rendering emergency or nonemergency care without being
certified except as provided in ORS 30.800.
(p) Rendering emergency or nonemergency care as an EMT without
written authorization and standing orders from a supervising physician
who has been approved by the board in accordance with ORS 682.245.
(q) Refusing an invitation for an interview with the department as
specified in this section.
(3) The department may investigate any evidence that appears to
show that an EMT certified by the department is or may be medically
incompetent, guilty of unprofessional or dishonorable conduct or mentally
or physically unable to safely function as an EMT. The department may
investigate the off-duty conduct of an EMT to the extent that such
conduct may reasonably raise questions about the ability of the EMT to
perform the duties of an EMT in accordance with the standards established
by this chapter. Upon receipt of a complaint about an EMT or applicant,
the department shall conduct an investigation as described under ORS
676.165. An investigation shall be conducted in accordance with ORS
676.175.
(4) Any health care facility licensed under ORS 441.015 to 441.087
and 441.820, any medical or osteopathic physician licensed under ORS
chapter 677, any owner of an ambulance licensed under this chapter or any
EMT certified under this chapter shall report to the department any
information the person may have that appears to show that an EMT is or
may be medically incompetent, guilty of unprofessional or dishonorable
conduct or mentally or physically unable to safely function as an EMT.
(5) If, in the opinion of the department, it appears that the
information provided to it under provisions of this section is or may be
true, the department may request an interview with the EMT. At the time
the department requests an interview, the EMT shall be provided with a
general statement of the issue or issues of concern to the department.
The request shall include a statement of the procedural safeguards
available to the EMT, including the right to end the interview on
request, the right to have counsel present and the following statement:
“Any action proposed by the Department of Human Services shall provide
for a contested case hearing.”
(6) Information regarding an ambulance service provided to the
department pursuant to this section is confidential and shall not be
subject to public disclosure, nor shall it be admissible as evidence in
any judicial proceeding. Information that the department obtains as part
of an investigation into emergency medical technician or applicant
conduct or as part of a contested case proceeding, consent order or
stipulated agreement involving emergency medical technician or applicant
conduct is confidential as provided under ORS 676.175. Information
regarding an ambulance service does not become confidential due to its
use in a disciplinary proceeding against an emergency medical technician.
(7) Any person who reports or provides information to the
department under this section and who provides information in good faith
shall not be subject to an action for civil damage as a result thereof.
(8) In conducting an investigation under subsection (3) of this
section, the department may:
(a) Take evidence;
(b) Take depositions of witnesses, including the person under
investigation, in the manner provided by law in civil cases;
(c) Compel the appearance of witnesses, including the person under
investigation, in the manner provided by law in civil cases;
(d) Require answers to interrogatories; and
(e) Compel the production of books, papers, accounts, documents and
testimony pertaining to the matter under investigation.
(9) The department may issue subpoenas to compel compliance with
the provisions of subsection (8) of this section. If any person fails to
comply with a subpoena issued under this subsection, or refuses to
testify on matters on which the person may lawfully be interrogated, a
court may compel obedience as provided in ORS 183.440. [Formerly 682.175] (1) The Department of
Human Services may discipline, as provided in this section, an ambulance
service or any person certified as an emergency medical technician or
first responder in this state who has:
(a) Admitted the facts of a complaint which alleges facts which
establish that such person is guilty of violation of one or more of the
grounds for suspension or revocation of a certificate as set forth in ORS
682.220 or that an ambulance service has violated the provisions of this
chapter or the rules adopted thereunder.
(b) Been found guilty in accordance with ORS chapter 183 of
violation of one or more of the grounds for suspension or revocation of
certification as set forth in ORS 682.220 or that an ambulance service
has violated the provisions of this chapter or the rules adopted
thereunder.
(2) The purpose of disciplining an EMT under this section is to
ensure that the EMT will provide services that are consistent with the
obligations of this chapter. Prior to taking final disciplinary action,
the department shall determine if the EMT has been disciplined for the
questioned conduct by the EMT’s employer or supervising physician. The
department shall consider any such discipline or any other corrective
action in deciding whether additional discipline or corrective action by
the department is appropriate.
(3) In disciplining an EMT or ambulance service as authorized by
subsection (1) of this section, the department may use any or all of the
following methods:
(a) Suspend judgment.
(b) Issue a letter of reprimand.
(c) Issue a letter of instruction.
(d) Place the EMT or ambulance service on probation.
(e) Suspend the EMT certificate or ambulance service license.
(f) Revoke the EMT certificate or ambulance service license.
(g) Place limitations on the certificate of the EMT to practice
emergency or nonemergency care in this state or place limitations on the
license of the ambulance service.
(h) Take such other disciplinary action as the department in its
discretion finds proper, including assessment of the costs of the
disciplinary proceedings as a civil penalty or assessment of a civil
penalty not to exceed $5,000, or both.
(4) In addition to the action authorized by subsection (3) of this
section, the department may temporarily suspend a certificate or license
without a hearing, simultaneously with the commencement of proceedings
under ORS chapter 183 if the department finds that evidence in its
possession indicates that a continuation in practice of the EMT or
operation of the ambulance service constitutes an immediate danger to the
public.
(5) If the department places any EMT or ambulance service on
probation as set forth in subsection (3)(d) of this section, the
department may determine, and may at any time modify, the conditions of
the probation and may include among them any reasonable condition for the
purpose of protection of the public and for the purpose of the
rehabilitation of the EMT or ambulance service, or both. Upon expiration
of the term of probation, further proceedings shall be abated if the EMT
or ambulance service has complied with the terms of the probation.
(6) If an EMT certified in this state is suspended, the holder of
the certificate may not practice during the term of suspension.
(7) If an ambulance service licensed in this state is suspended,
the ambulance service may not operate in this state during the term of
the suspension, provided that the department shall condition such
suspension upon such arrangements as may be necessary to assure the
continued availability of ambulance service in the area served by that
ambulance service. Upon expiration of the term of suspension, the
certificate or license shall be reinstated by the department if the
conditions for which the certificate or license was suspended no longer
exist.
(8) Whenever an EMT certificate or ambulance service license is
denied or revoked for any cause, the department may, in its discretion,
after the lapse of two years from the date of such revocation, upon
written application by the person formerly certified or licensed and
after a hearing, issue or restore the EMT certificate or ambulance
service license.
(9) Civil penalties under this section shall be imposed as provided
in ORS 183.745. [Formerly 682.185](1)
The Board of Medical Examiners for the State of Oregon shall adopt by
rule a scope of practice for emergency medical technicians at such levels
as may be established by the Department of Human Services and for first
responders.
(2) The board shall adopt by rule standards for the qualifications
and responsibilities of supervising physicians.
(3) The standing orders for emergency medical technicians and first
responders may not exceed the scope of practice defined by the board.
(4) No emergency medical technician shall provide patient care or
treatment without written authorization and standing orders from a
supervising physician who has been approved by the board.
(5) The policies and procedures for applying and enforcing this
section may be delegated in whole or in part to the department. [Formerly
823.205; 1997 c.751 §9]No emergency medical technician or first responder shall
mislead any person as to the qualifications of the technician or
responder. [Formerly 823.215; 1997 c.751 §10]PENALTIES (1) Violation of any
provision of ORS 682.028, 682.047 (5) or 682.204 is a Class A
misdemeanor. Each day of continuing violation shall be considered a
separate offense.
(2) Violation of any provision of this chapter is a misdemeanor. In
any prosecution for such violation it shall be sufficient to sustain a
conviction to show a single act of conduct in violation of any of the
provisions of this chapter and it shall not be necessary to show a
general course of such conduct.
(3) In addition to the penalties under this section, the Department
of Human Services may assess civil penalties of up to $5,000 per
violation against any entity or person licensed under this chapter or
subject to licensure under this chapter. [Formerly 823.990]
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