Section 29-502. CERTIFICATION AS AN EMERGENCE MEDICAL SERVICES AGENCY

 

502.1No person, including volunteer groups and government entities  shall operate an Emergency Medical Services Agency in the District without holding a valid certification issued pursuant to this chapter, except as provided in § 500.3.

 

502.2 An Emergency Medical Services Agency that provides EMS services during a special event must be certified as a District EMS Agency, whether or not it operates an ambulance or response vehicle.

 

502.3 Application for certification as an Emergency Medical Services Agency shall be submitted to the Director of the District of Columbia Department of Health (Director) in accordance with this chapter.

 

502.4Before applying for certification as a District of Columbia Emergency Medical Services Agency that intends to operate an ambulance service, one shall first obtain a Certificate of Need in accordance with the Health Services Planning Program Reestablishment Act of 1996, effective April 9, 1997 (D.C. Law 11-191; D.C. Official Code §§ 44-401, et seq. (2012 Repl.)), and the Certificate of Need Regulations (22-B DCMR § 4000, et seq.).

 

502.5 A person operating an Emergency Medical Services Agency under an authorization of the Director issued before the effective date of this chapter shall be considered certified under this chapter for a period of two (2) years from the effective date of this chapter, after which the agency shall apply for renewal of its certification in accordance with this chapter.

 

502.6 An application for certification as an Emergency Medical Services Agency shall be made in a manner established by the Director and shall contain the following:

 

(a) The name and address of the applicant;

 

(b) The name under which the applicant is doing business or proposes to do business;

 

(c) A description of each vehicle, including the make, model number, year of manufacture, and any distinguishing characteristics to be used to designate the applicant’s vehicle (if applicable);

 

(d)The location and description of the place or places from which the applicant intends to operate;

 

(e) The geographic boundaries of the applicant’s proposed response area;

 

(f) Category of certification the applicant is applying for (basic or advanced life support, first responder, ground transport, or air medical);

 

(g) The patient care reporting system that the applicant intends to use, which shall be compliant with the current United States National Highway Transportation Safety Administration (NHTSA) or National Emergency Medical Services Information System (NEMSIS) standard;

 

(h) The name, address, phone number, e-mail address, and District medical license number, and DEA certificate of the physician medical director;

 

(i) The name, address, phone number, fax number (if available), and e-mail address of the person in charge of day-to-day operations;

 

(j) Insurance information, to include the name of the insurance company, agent, phone number, e-mail address, and type of coverage;

 

(k)Proof of meeting the following minimum insurance limits; provided that this requirement shall not apply to ambulances owned and operated by an agency of the District government:

 

(1)Commercial general liability:

 

(A)Per occurrence: one million dollars ($1,000,000);

 

(B)Aggregate: two million dollars ($2,000,000);

 

(C)Products and completed operations: two million dollars ($2,000,000); and

 

(D)Personal/advertising injury: one million dollars ($1,000,000);
 

(2) Vehicle liability: one million dollars ($1,000,000) per occurrence;
 

(3)Worker’s compensation, employers’ liability:

 

(A)Each accident: five hundred thousand dollars ($500,000);

 

(B)Employee disease: five hundred thousand dollars ($500,000); and

 

(C)Disease policy limit: five hundred thousand dollars ($500,000);
 

(4)Umbrella or excess liability: two million dollars ($2,000,000);
 

(5)Professional liability:

 

(A)Per occurrence: one million dollars ($1,000,000); and

 

(B)Aggregate: three million dollars ($3,000,000);

 

(l)A copy of the applicant’s Drug Enforcement Agency license, where applicable;

 

(m)A copy of the applicant’s protocols and authorized drug list (as applicable), signed and dated by the medical director;

 

(n)A written agreement with the applicant’s medical director that specifies:

 

(1) The duties of the medical director;

 

(2) The responsibilities of the medical director;

 

(3) The  authority of the medical director;

 

(4) The specific responsibilities of each EMS physician if the agency has multiple assistant medical directors; and

 

(5) That adequate indemnification exists for:

 

(A)Medical malpractice; and

 

(B)Civil liability;

 

(o)A written agreement with the applicant’s operational director that specifies:

 

(1) The duties of the operational director;

 

(2) The responsibilities of the operational director; and

 

(3) The authority of the operational director;

 

(p)A written agreement with the applicant’s quality improvement officer that specifies:

 

(1) The duties of the quality improvement officer;

 

(2) The responsibilities of the quality improvement officer; and

 

(3) The authority of the quality improvement officer;

 

(q)A written quality improvement plan, approved by the applicant’s medical director, in accordance with Section 556 of this chapter; and

 

(r)A written emergency response plan that includes the following:

 

(1) How the applicant will receive calls for assistance;

 

(2) How the applicant will respond to calls for assistance; and

 

(3) How the non-transport applicant will summon transport services.

 

502.7The Director shall evaluate each applicant before issuing a certificate. The evaluation may include the inspection of:

 

(a)Vehicles;

 

(b)Equipment;

 

(c)Staffing capability;

 

(d)Records;

 

(e)Premises; and

 

(f)Operational procedures.

 

502.8If the Director determines that an applicant has met the requirements of this chapter, the Director shall issue a certificate to the applicant.  The certificate shall be valid for not more than two (2) years.

 

502.9A certified Emergency Medical Services Agency shall notify the Director no later than five (5) business days after the expansion of any service provided by the agency or any change in headquarters or substation location.

 

502.10An applicant or Emergency Medical Services Agency shall furnish to the Director, upon his or her request, a copy of any insurance policy required by § 502.5.

 

502.11 Each Emergency Medical Services Agency shall provide for twenty-four (24) hour physician supervision by a physician licensed in the District of Columbia and shall report to the Director the means of this supervision at the time of application for certification and upon renewing the certification.

 

502.12 After the Director issues a certificate, the Director may inspect an agency on a scheduled or random basis.  An inspection may include inspection of the items listed in § 502.6.

 

502.13If the Director denies an application for certification, the applicant may appeal the denial pursuant to the rules of the District of Columbia Office of Administrative Hearings.

 

502.14The Director may suspend or revoke an agency’s certificate at any time the Director determines that the agency no longer meets the requirements for operating as a certified Emergency Medical Services Agency.

 

502.15An Emergency Medical Services Agency certification shall not be transferable.

 

502.16An Emergency Medical Services Agency certificate shall be displayed in the principal place of business of the agency, with a copy in each place of operation.

 

authority

Section 24 of the Emergency Medical Services Act of 2008 (Act), effective March 25, 2009 (D.C. Law 17-357; D.C. Official Code § 7-2341.23 (2012 Repl.)); and Mayor’s Order 2009-89, dated June 1, 2009.

source

Rules of the Board of Public Welfare issued July 28, 1950; as amended on September 29, 1950; as amended by Final Rulemaking published at 60 DCR 16569 (December 6, 2013).