Notice of Declaratory Statement

DEPARTMENT OF HEALTH
Division of Emergency Medical Operations
RULE NO: RULE TITLE
64J-1.004: Medical Direction
NOTICE IS HEREBY GIVEN THAT the Florida Department of Health, Division of Emergency Medical Operations, Bureau of Emergency Medical Services, has received the petition for declaratory statement from Laura Jacobs Donaldson, Esquire on behalf of Chief Orly Stolts of the North Naples Fire Control and Rescue District, on April 9, 2010.The petition seeks the agency's opinion as to the applicability of Chapter 401, Florida Statutes, and Rule 64J-1.004, Florida Administrative Code, as it applies to the petitioner.
The petitioner seeks answers to the following questions: 1. May a countywide medical director require different standards for paramedics based upon the employer for whom they are providing services on a particular day?; 2. May a countywide medical director discriminate against paramedics that work for a fire district within the county by categorically prohibiting their provision of advanced life support services while allowing fire paramedics from another county to provide those services?; 3. Is it an abuse of power of the countywide medical director to require a category of his paramedics to complete medical director identified training as a precondition to perform services when such training is unattainable due to the number of paramedics in the category, the availability of only one transport unit in which the training can occur, and the number of training rides that must occur within a specified period?; 4. Is it a violation of Chapter 401, Florida Statutes, for the medical director to administrate any emergency medical services functions that are not related to protocols, quality assurance or training?; 5. Is it a violation of Section 401.265, F.S., and Rule 64J-1.004, Florida Administrative Code, for a licensee to have a contract with a non-active corporation to serve as a medical director?; 6. Can a licensee limit the authority of its medical director by providing that all training requirements must be jointly developed with another party?
A copy of the Petition for Declaratory Statement may be obtained by contacting: Melia Jenkins, Bureau of Emergency Medical Services, 4052 Bald Cypress Way, Bin #C18, Tallahassee, Florida 32399-1738, Fax: (850)245-4440, ext. 2773, email: melia_jenkins@doh.state.fl.us.
Please refer all comments to: Melia Jenkins, Bureau of Emergency Medical Services, 4052 Bald Cypress Way, Bin #C18, Tallahassee, Florida 32399-1738, Fax: (850)245-4440, ext. 2773, email: melia_jenkins@doh.state.fl.us.