Notice of Development of Rulemaking
DEPARTMENT OF HEALTH
Division of Environmental Health
RULE NO: RULE TITLE 64E-2.032 Certificate of Public Convenience and Necessity. (1) A Licensee presently possessing a Certificate of Public Convenience and Necessity (COPCN) cannot be determined to have operated in a county in violation of Section 401.25(2)(d), F.S., absent enforcement by that county of an ordinance adopted under Section 401.25(6), F.S., and subsequent final judicial determination in support of such enforcement that the Licensee did not possess or maintain a COPCN consistent with that ordinance. (2) A Licensee presently possessing a Certificate of Public Convenience and Necessity (COPCN) from one county may conduct any of the following activities without being considered to operate in that county for purposes of violation of these rules: (a) As part of a coordinated response to a disaster or a mass casualty incident; (b) Governed by a Mutual Aid Agreement sanctioned by the governing bodies of the affected counties that includes: 1. The conditions under which the agreement shall be activated; 2. The procedures and medical protocols to be followed during activation; and 3. The conditions and process by which the agreed upon services shall be terminated; (c) A transfer or transport through a county that neither begins nor terminates in that county; or (d) Unless prohibited by the COPCN ordinance of the county in which the Licensee does not possess a COPCN with enforcement and subsequent final determination under (1), a transfer or transport between that county and a county in which the licensee possesses a COPCN. (3) All licenses issued by the department shall be for ALS, BLS transport or air ambulance service consistent with the services authorized by the COPCN, if the department requires a COPCN pursuant to this section. If the applicant is not required by the county to have a COPCN to operate in that county, the department shall issue a license in one of the above categories and upon meeting all of the other requirements of Rules 64E-2.002 and .003, F.A.C. (4) Provisions of this section to the contrary notwithstanding, the department shall license an ambulance service which meets the ambulance service requirements of Chapter 401, F.S., Part III, and Chapter 64E-2, F.A.C., in any county where the ambulance service provides or proposes to provide services for which a license is required under Chapter 401, F.S., Part III, where the county does not require a COPCN for such services. (5) An ambulance service licensed by the department is permitted to provide services under its license in a county without first having obtained a COPCN from the governing body of that county, if such service is provided pursuant to and consistent with the terms of a mutual aid agreement with that county, or as part of a coordinate response to a disaster or a mass casualty incident. Pursuant to Section 401.23(16), F.S., a mutual aid agreement must be in writing, must be sanctioned by the governing bodies of the affected counties, and must at a minimum include: (a) The conditions under which the agreement shall be activated. (b) The procedures and medical protocols to be followed during activation. (c) The conditions and process by which the agreed upon services shall be terminated. Specific Authority 401.35 FS. Law Implemented 401.23, 401.25, 401.251, 401.252, 401.33, 401.35, 401.411, 401.414, 401.421 FS. History–New 10-2-94, Amended 1-26-97, Formerly 10D-66.335, Amended 1-3-99, ________.
64E-2.032: Certificate of Public Convenience and Necessity
PURPOSE AND EFFECT: Announce workshop to open discussion with the EMS community regarding COPCN language.
SUBJECT AREA TO BE ADDRESSED: Certificate of Public Convenience and Necessity.
SPECIFIC AUTHORITY: 381.0011 FS., 395.405 FS., 401.121 FS., 401.25 FS., 401.251 FS., 401.265 FS., 401.27 FS., 401.2715 FS., 401.31 FS., 401.35 FS.
LAW IMPLEMENTED: 381.0011 FS., 381.025 FS., 395.401 FS., 395.4015 FS., 395.402 FS., 395.4025 FS., 395.403 FS., 395.404 FS., 395.4045 FS., 395.405 FS., 401.23 FS., 401.24 FS., 401.25 FS., 401.251 FS., 401.252 FS., 401.26 FS., 401.265 FS., 401.27 FS., 401.2715 FS., 401.281 FS., 401.30 FS., 401.31 FS., 401.321 FS., 401.33 FS., 401.34 FS., 401.35 FS., 401.41 FS., 401.411 FS., 401.414 FS., 401.421 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE: 10:00 a.m. – 1:00 p.m., February 28, 2006
PLACE: Seminole County Sheriff’s Office and Department of Public Safety, 150 Bush Boulevard, Sanford, FL 32773
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Lisa M. Walker, Government Analyst, Bureau of Emergency Medical Services, Department of Health, 4052 Bald Cypress Way, Bin C18, Tallahassee, Florida 32399-1738, (850)245-4440, Ext. 2733, e-mail: lisa_walker2@doh.state.fl.us, Fax (850)488-9408
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
Each county is empowered pursuant to Section 401.25(2)(d) and (6), F.S., to issue a COPCN to an ambulance service which proposes to operate within that county.The department shall license an ambulance service, and that service may operate in a county in this state, provided the applicant meets the ambulance service requirements of Chapter 401, Part III, F.S., and this rule chapter, and provided further that the ambulance service has first obtained a COPCN:From each county in which the ambulance service provides or proposes to provide prehospital ALS services or prehospital BLS transportation services.From each county within which the ambulance service provides or proposes to provide intracounty, interfacility ALS services or interfacility BLS transportation services.From each county where the ambulance service provides or proposes to provide interfacility ALS services or BLS transportation services in which the need for such service either originates or terminates, but not from both the county where the need for such service originates and the county where the need for such service terminates unless the county by ordinance pursuant to Section 401.25(6), F.S., mandates a COPCN for both.