Section 641.144.3. Air ambulance service program—authorization and renewal procedures, inspections and transfer or assignment of certificates of authorization.

       144.3(1) General requirements for air ambulance authorization and renewal of authorization.

        a.           An air ambulance service in this state that desires to provide emergency medical care in an out-of-hospital setting shall apply to the department for authorization to establish a program utilizing certified emergency medical care providers for delivery of care at the scene of an emergency or a nonemergency, during transportation to a hospital, during transfer from one medical care facility to another, or while in the hospital emergency department and until care is directly assumed by a physician or by authorized hospital personnel. Application for authorization shall be made on forms provided by the department. Applicants shall complete and submit the forms to the department at least 30 days prior to the anticipated date of authorization.

        b.           To renew service program authorization, the service program shall continue to meet the requirements of Iowa Code chapter 147A and these rules. The renewal application shall be completed and submitted to the department at least 30 days before the current authorization expires.

        c.           Applications for authorization and renewal of authorization may be obtained upon request to: Iowa Department of Public Health, Bureau of Emergency Medical Services, Lucas State Office Building, Des Moines, Iowa 50319-0075, or the bureau of EMS Web site (www.idph.state.ia.us/ems).

        d.           The department shall approve an application when the department is satisfied that the program proposed by the application will be operated in compliance with Iowa Code chapter 147A and these rules.

        e.           Service program authorization is valid for a period of three years from its effective date unless otherwise specified on the certificate of authorization or unless sooner suspended or revoked.

        f.            Service programs shall be fully operational upon the effective date and at the level specified on the certificate of authorization and shall meet all applicable requirements of Iowa Code chapter 147A and these rules. Deficiencies that are identified shall be corrected within a time frame determined by the department.

        g.           Any service program owner in possession of a certificate of authorization as a result of transfer or assignment shall continue to meet all applicable requirements of Iowa Code chapter 147A and these rules. In addition, the new owner shall apply to the department for a new certificate of authorization within 30 days following the effective date of the transfer or assignment.

        h.           Service programs that acquire and maintain current status with a nationally recognized EMS service program accreditation entity that meets or exceeds Iowa requirements may be exempted from the service application/inspection process. A copy of the state service application and accreditation inspection must be filed with the department for approval.

       144.3(2) Out-of-state air ambulance service programs.

        a.           Service programs located in other states which wish to provide emergency medical care in Iowa must meet all requirements of Iowa Code chapter 147A and these rules and must be authorized by the department except when:

       (1)             Transporting patients from locations within Iowa to destinations outside of Iowa;

       (2)             Transporting patients from locations outside of Iowa to destinations within Iowa;

       (3)             Transporting patients to and from locations outside of Iowa when doing so requires travel through Iowa;

       (4)             Responding to a request for mutual aid in this state; or

       (5)             Making less than 30 EMS responses per year to locations within Iowa and then transporting the patients to destinations within Iowa.

        b.           An out-of-state service program that meets any of the exception criteria established in this subrule shall be authorized to provide emergency medical care by the state in which the program resides and shall provide the department with verification of current state authorization upon request.

       144.3(3) Air ambulance service program inspections.

        a.           The department shall inspect each service program at least once every three years. The department without prior notification may make additional inspections at times, places and under such circumstances as it deems necessary to ensure compliance with Iowa Code chapter 147A and these rules.

        b.           The department may request additional information from or may inspect the records of any service program which is currently authorized or which is seeking authorization to ensure continued compliance or to verify the validity of any information presented on the application for service program authorization.

        c.           The department may inspect the patient care records of a service program to verify compliance with Iowa Code chapter 147A and these rules.

        d.           No person shall interfere with the inspection activities of the department or its agents pursuant to Iowa Code section 135.36.

        e.           Interference with or failure to allow an inspection by the department or its agents may be cause for disciplinary action in reference to service program authorization.

       144.3(4) Temporary service program authorization.

        a.           A temporary service program authorization may be issued to services that wish to operate during special events that may need emergency medical care coverage at a level other than basic care. Temporary authorization is valid for a period of 30 days unless otherwise specified on the certificate of authorization or unless sooner suspended or revoked. Temporary authorization shall apply to those requirements and standards for which the department is responsible. Applicants shall complete and submit the necessary forms to the department at least 30 days prior to the anticipated date of need.

        b.           The service shall meet applicable requirements of these rules but may apply for a variance using the criteria outlined in rule 641—144.7(147A).

        c.           The service shall submit a justification which demonstrates the need for the temporary service program authorization.

        d.           The service shall submit a report to the department within 30 days after the expiration of the temporary authorization which includes as a minimum:

       (1)             Number of patients treated;

       (2)             Types of treatment rendered;

       (3)             Any operational or medical problems.

[ARC 8662B, IAB 4/7/10, effective 5/12/10]