A.R.S. tit. 41 ch. 12.1 — Arizona Revised Statutes Title 41 Chapter 12.1 — Emergency Medical Services

41-1831. Definitions In this chapter, unless the context otherwise requires: 1. "Air ambulance" means any publicly or privately owned aircraft that is certificated under 14 Code of Federal Regulations part 135, that contains a stretcher and necessary medical equipment and supplies pursuant to section 36-2202 and that is specifically designed and constructed or modified and equipped to be used, maintained or operated primarily to transport individuals who are sick, injured or wounded or who require medical monitoring or aid. 2. "Air ambulance service" means a person or organization that owns and operates one or more air ambulances or that leases from an air carrier the use of one or more air ambulances that are certificated under 14 Code of Federal Regulations part 135, for the purpose of providing emergency medical services in air ambulances. 3. "Ambulance": (a) Means any publicly or privately owned surface or water vehicle that is specifically designed and constructed or modified and equipped to be used, maintained or operated for transportation of individuals who are sick, injured, wounded or otherwise incapacitated or helpless. (b) Does not include surface vehicles owned and operated by a private sole proprietor, partnership, private corporation or municipal corporation for the emergency transportation or in transit care of its employees. 4. "Ambulance pilot" means an individual who is responsible for the operation of an air ambulance and who is trained and certified as provided in this chapter. 5. "Ambulance service" means a person who owns and operates one or more ambulances. 6. "Department" means the department of public safety. 7. "Director" means the director of the department. 8. "Emergency medical care technician" means an individual who has been certified by the department of health services as an emergency medical technician, an advanced emergency medical technician, an emergency medical technician I-99 or a paramedic. 9. "Emergency medical patient" means a person who is suffering from a condition that requires immediate medical care or hospitalization, or both, in order to preserve the person's health, life or limb. 10. "Emergency medical services communication system" means the statewide system that is implemented, coordinated and administered by the department of public safety and that may have the capability of providing for the intercommunication of any or all law enforcement agencies and personnel, ambulances, ambulance services and air ambulance services and dispatchers, emergency receiving facilities, other health care institutions, medical practitioners, motor vehicle repair, fire service vehicles and tow trucks, and any other agencies and persons who may be serving on a volunteer basis. 11. "Emergency medical situation" means a condition of emergency in which immediate medical care or hospitalization, or both, is required by a person or persons for the preservation of health, life or limb. 12. "Emergency receiving facility" means a licensed health care institution that offers emergency medical services, that is staffed twenty-four hours a day and that has a physician who is licensed pursuant to title 32, chapter 13 or 17 on call. 41-1832. Exemption from regulation A. Notwithstanding any other statute, persons engaged in and vehicles used for the emergency transportation of persons injured at an industrial site are exempt from the provisions of this chapter. B. Persons engaged in and vehicles used for air transportation of sick or injured people in a noncritical or nonemergency situation as determined by a physician are exempt from the provisions of this chapter. 41-1833. Powers and duties of the director A. The director shall: 1. Subject to the law enforcement merit system council classifications and pay scales, appoint, define the duties and prescribe the terms and conditions of employment of all employees necessary to carry out the purposes of this chapter. 2. Adopt rules necessary for carrying out the purposes of this chapter. 3. Cooperate with the state director of emergency management when a state of emergency or a state of war emergency has been declared by the governor. B. The director may: 1. Request the cooperation of utilities, communications media and public and private agencies to aid and assist in the implementation and maintenance of departmental components of the statewide emergency medical services system. 2. Cooperate with any agency or group which provides a similar program of emergency medical services in a contiguous state. 3. Enter into contracts and agreements for the acquisition and purchase of any equipment, tools, supplies and materials necessary in the administration of this chapter. 4. Accept and expend federal funds and private grants, gifts, contributions and devises to assist in carrying out the purposes of this chapter. Such funds shall not revert to the state general fund at the close of a fiscal year. 41-1834. Authority for operation of air and other ambulance service; contract for aircraft service; precluded uses A. For the primary purpose of providing the most timely, efficient and comprehensive emergency medical services possible, the director may, subject to the availability of funds, purchase, equip, staff and be responsible for maintaining aircraft, including helicopters, or may lease or contract for such equipment and services. Aircraft and helicopters shall also be used in law enforcement activities. The aircraft provided by this section may be made available for emergency medical services at any time there is a medical emergency requiring the use of evacuation aircraft, as determined by a law enforcement agency or a physician. Emergency medical air evacuation shall normally take precedence over routine law enforcement missions. The director shall make the final decision relative to such aircraft utilization. B. Each medical evacuation aircraft or helicopter shall be capable of carrying two litter patients and one paramedic in addition to the ambulance pilot. C. The director may contract with a private firm, a corporation or an individual for the maintenance of the aircraft, including helicopters. D. The director may enter into contracts with private firms or individuals for emergency surface or air ambulance services when no other such services are readily available or when deemed to be in the best interests of the state. E. Medical evacuation aircraft, including helicopters, operated by the department shall not be used to provide transportation for officials of the state or any of its political subdivisions. This does not preclude the use of medical evacuation aircraft by such officials when required in the course of a law enforcement function or emergency or when such official is the victim of an emergency medical situation. F. Notwithstanding subsection E, the director may enter into interagency service agreements with other state agencies for the use of helicopters and other aircraft that the department will operate to provide aviation services on an availability basis when the department deems that these services are in the best interests of this state. These services may be in addition to the services the department provides pursuant to this chapter but shall not preclude the delivery of emergency evacuation services provided for under this chapter. The amount of monies collected from state agencies for aviation services shall not exceed the operational costs of the aircraft. 41-1835. Implementation and coordination of an emergency medical services communication system A. The director is responsible for the overall design, installation, maintenance, implementation, coordination and administration of a statewide emergency medical services communication system, as defined in section 41-1831, subject to the availability of funds, and for the establishment of any of such services deemed necessary. B. All emergency medical communications systems shall be approved by the department in accordance with the statewide emergency medical services communication system plan to insure system compatibility. C. The director may also institute programs for implementing the voluntary cooperation of the private sector in locating and reporting accidents, both on and off the highways. D. The director is responsible for submitting a communications plan, excluding a budgetary component, for the annual statewide emergency medical services plan to the director of the department of health services. 41-1837. Financial responsibility for emergency medical services rendered to indigents A. If an indigent emergency medical patient is received by an emergency receiving facility from an ambulance with necessary medical equipment and supplies to provide emergency medical services and which is licensed pursuant to title 36, chapter 21.1, the county is liable pursuant to section 11-297.02 to the ambulance service for the cost of transporting the patient and to the facility for the reasonable costs of all medical services rendered to the patient by the facility until the patient is transferred by the county to the county hospital, or some other facility designated by the county. B. This section does not apply to air ambulances, including ambulance helicopters, operated by the department. There shall be no charge made to the patient for any emergency medical care provided by department personnel. 41-1841. Standards for ambulances The director of the department of health services shall adopt minimum reasonable standards and procedures pursuant to title 36, chapter 21.1 for the issuance of a license to operate a ground or air vehicle as an ambulance. Such standards may differ in counties of over three hundred thousand population from counties of lesser population. 41-1842. Violation; classification Any person violating or failing to comply with any provision of this chapter is guilty of a class 1 misdemeanor. 41-1843. Construction of article; authority of corporation commission This article shall not be construed to limit the authority of the corporation commission to regulate ambulance service corporations pursuant to article XV, Constitution of Arizona. 41-1848. First responder course The department is responsible for implementing the first responder course approved pursuant to section 36-2204 for law enforcement officers. 41-1861. Arizona fallen firefighter memorial committee; membership A. The Arizona fallen firefighter memorial committee is established consisting of the following members: 1. The president of this state's largest professional firefighters organization who shall serve as the chairperson of the committee. 2. One public member who is appointed by the chairperson of the committee. 3. The state forester or the state forester's designee. 4. The director of the historical advisory commission or the director's designee. 5. The director of the department of administration or the director's designee. 6. The commander of a professional firefighters organization honor guard. 7. The president of the Arizona fire chiefs association. 8. Two public members who are appointed by the governor. B. Members of the committee are not eligible to receive compensation, but members are entitled to reimbursement from the Arizona fallen firefighter memorial fund established by section 41-1863 for reasonable expenses in traveling on and attending to official committee business. 41-1862. Arizona fallen firefighter memorial committee; powers and duties; subcommittee A. The Arizona fallen firefighter memorial committee shall: 1. Establish an acceptable set of standards for persons to be memorialized on the Arizona fallen firefighter memorial that is located in Wesley Bolin Plaza. 2. Determine those persons who are eligible to be memorialized. 3. Plan and provide for additions to and maintenance of the Arizona fallen firefighter memorial on an annual basis. 4. Solicit private monetary donations or public monies from municipalities for deposit in the Arizona fallen firefighter memorial fund. 5. Conduct an annual fallen firefighter memorial service. 6. Determine those persons who are eligible for the tuition waiver scholarship pursuant to section 15-1808 and report the determination to the governor's office and Arizona board of regents or to each community college district governing board, as applicable. B. The committee may establish a subcommittee that is appointed by the committee chairperson to receive applications from and recommend tuition waiver scholarships for persons who are eligible for the tuition waiver scholarship pursuant to section 15-1808. The subcommittee shall forward any recommendation for a tuition waiver scholarship to the committee for approval. C. The committee shall meet every January and May. The committee may conduct additional meetings in person or telephonically. 41-1863. Arizona fallen firefighter memorial fund A. The Arizona fallen firefighter memorial fund is established. The fund shall consist of monies received as donations as provided for in this article. On notice from the committee, the state treasurer shall invest and divest monies in the Arizona fallen firefighter memorial fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. The monies in the fund are exempt from section 35-190, relating to lapsing of appropriations. B. The state treasurer shall pay the costs and expenses authorized by this article from the monies available in the Arizona fallen firefighter memorial fund on certification to the state treasurer by the chairperson of the Arizona fallen firefighter memorial committee that the amount requested is owed for a valid purpose.