Louisiana Revised Statutes 40:1135.8 – Air ambulance services; licensure
Terms Used In Louisiana Revised Statutes 40:1135.8
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. No person, firm, corporation, association, or governmental entity shall conduct, manage, operate, or maintain an air ambulance service in the state without a valid current license from the department.
B. The application for such license shall be submitted to the department on forms provided for this purpose. The application shall provide documentation that the applicant meets the appropriate requirements for an air ambulance service as specified by regulations promulgated by the department in accordance with the Administrative Procedure Act.
C. An applicant seeking licensure as an air ambulance service shall:
(1) Submit a completed application to the department on such forms and including such information as specified by the department.
(2) Submit the appropriate initial license fee as provided in this Chapter.
(3) Submit to a background investigation which includes but is not limited to fingerprinting and a criminal history check by the Department of Public Safety and Corrections, office of state police.
(4) Submit to and successfully complete an inspection by the department to include the following:
(a) An inspection of all aircraft utilized as air ambulances to ensure that all required medical and safety equipment is present and operational. The medical and safety equipment shall conform to local protocol as established by the medical director of the air ambulance service. The list of required medical and safety equipment shall be established under rules promulgated by the department and shall be based upon the recommendations of an advisory committee to be composed of the following persons:
(i) The medical director of the department.
(ii) The director of the bureau.
(iii) One representative of the health standards section of the department’s office of the secretary, bureau of health services financing.
(iv) One representative of the Governor’s Emergency Medical Services for Children Advisory Council.
(v) One representative of the Department of Transportation and Development, office of engineering, aviation section.
(vi) One representative of each air ambulance service certified or licensed in accordance with this Chapter.
(b) Verification that all aircraft meet the appropriate Federal Aviation Administration requirements.
(c) Review of certifications of all personnel to ensure that they meet all Federal Aviation Administration requirements and local pilot and medical personnel staffing protocols.
(d) Verification that the applicant is in receipt of an original notarized certificate of insurance for the following coverage:
(i) Five hundred thousand dollars of aircraft liability insurance.
(ii) Five hundred thousand dollars of medical malpractice insurance or proof of participation in the Patient’s Compensation Fund.
(iii) Five hundred thousand dollars of commercial general liability insurance.
(e) Verification that the service has a medical director and that such director is a physician licensed to practice medicine by the Louisiana State Board of Medical Examiners.
(f) A review of medical protocols signed by the EMS medical director of the air ambulance service or the president or designee of the parish or component medical society in the service’s parish of domicile.
(g) Verification that the service has complied with all applicable federal, state, and local statutes, rules, and regulations, and that the service has obtained all necessary and applicable licenses, permits, and certifications, including certificates of need or certificates of public convenience and necessity.
(5) Certify that all aircraft and crew members meet applicable Federal Aviation Administration regulations.
(6) Specify if the service uses either fixed-wing or rotary-winged aircraft, or both.
D. If a service provides interhospital air transport, air transport from hospital to another facility, air transport from hospital to home, or similar air transport, the service must certify that a medical director is employed to advise the service on the appropriate staffing, equipment, and supplies to be used for the transport of patients aboard an air ambulance.
E. In order to renew a license for an air ambulance service, the applicant shall:
(1) Submit a renewal application to the department not more than ninety days before the expiration of the license.
(2) Submit the appropriate fee as provided herein in Subsection B.
(3) Provide documentation that current standards for issuance of a license are met.
(4) Successfully complete a review of any required documentation and any inspection or verification of any documentation of any airplane deemed appropriate by the department.
F. Intentional falsification of information provided pursuant to this Section or failure to comply with any provisions hereof shall be grounds for immediate revocation of any license granted pursuant to this Section.
G.(1) Nothing in this Section shall be construed to prohibit, limit, or regulate random mercy flights made by a person or corporation in privately or publicly owned aircraft who may on occasion transport individuals who may need medical attention during transport, or human organs, intended for transplantation, including but not limited to the heart, lungs, kidneys, liver, and other soft tissue and bones, on either a not-for-profit basis or gratuitously.
(2) Failure to comply with any of the provisions of this Section shall constitute grounds for probation, suspension, revocation of license, or other administrative sanction in accordance with rules and regulations established by the department.
(3) Any person whose license has been revoked, suspended, or denied by the department shall have the right to have the proceedings of the department reviewed by a court of competent jurisdiction, provided that such appeal is made within thirty days after the notice of the decision of the department. If an appeal is granted, the decision of the department shall not be implemented until a decision affirming the department decision is rendered on judicial review. The department’s decision shall remain in force until an appeal is granted unless the court orders a stay. Judicial review shall be by trial de novo.
H. Any entity currently certified to provide ambulance service in Louisiana shall not be required to be licensed by the state in order to maintain certification for a period of one year after July 15, 1999, in order to continue providing such services.
Acts 1988, No. 982, §1; Acts 1999, No. 1114, §1; Acts 2001, No. 517, §1; Acts 2006, 1st Ex. Sess., No. 6, §4; Acts 2012, No. 753, §6; Redesignated from La. Rev. Stat. 40:1236.2 by HCR 84 of 2015 R.S.; Acts 2020, No. 67, §1.