NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 1152

HOUSE BILL 1117

 

 

AN ACT TO PROVIDE FOR THE REGULATION OF AMBULANCE SERVICES IN THE PUBLIC INTEREST.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Section 130-3 of the North Carolina General Statutes is hereby amended as follows: (1) by adding a new subsection to be designated "(a)" and to read as follows:

"(a)       Ambulance includes any privately or publicly owned vehicle that is specially designed or constructed and equipped and is intended to be used for and is maintained or operated for the transportation upon the streets or highways in this State of persons who are sick, injured, wounded or otherwise incapacitated or helpless. Vehicles designed primarily for rescue operations and which do not ordinarily transport persons upon the streets or highways are excluded."

(2)        By redesignating all present subsections accordingly.

Sec. 2.  Chapter 130 of the North Carolina General Statutes is hereby amended by adding thereto a new Article to be designated "Article 26. Regulation of Ambulance Services" and to read as follows:

"Article 26.

"Regulation of Ambulance Services

"G.S. 130-230.  Permit Required to Operate Ambulance. (a) No person, firm, corporation, or association either as owner, agent, or otherwise shall hereafter furnish, operate, conduct, maintain, advertise, or otherwise engage in or profess to be engaged in the business or service of transporting patients upon the streets, or highways in North Carolina unless he holds a currently valid permit for each ambulance used in such business or service, issued by the Board or a duly authorized representative thereof.

"(b)      Before a permit may be issued for a vehicle to be operated as an ambulance, its registered owner must apply to the Board for an ambulance permit. Application shall be made upon forms and according to procedures established by the Board. Prior to issuing an original or renewal permit for an ambulance, the Board shall determine that the vehicle for which the permit is issued meets all requirements as to medical equipment and supplies and sanitation as set forth in the regulations of the Board. Permits issued for ambulances shall be valid for a period specified by the Board, not to exceed one year.

"(c)       Duly authorized representatives of the Board may issue temporary permits for vehicles not meeting required standards, valid for a period not to exceed 60 days, when it determines the public interest will be served thereby.

"(d)      When a permit has been issued for an ambulance as specified herein, the vehicle for which issued, and records relating to maintenance and operation of such vehicle shall be open to inspection by duly authorized representatives of the Board at all reasonable times.

"G.S. 130-231.  State Board of Health to Adopt Standards for Equipment; Inspection of Medical Equipment and Supplies Required for Ambulances. (a) The Board shall adopt regulations specifying sanitation standards for ambulances and required items of medical equipment and supplies to be aboard ambulances. Regulations so adopted shall require such items of equipment and supplies as are reasonably necessary to protect the health and safety of those transported. Regulations so adopted shall also require that the interior of the ambulance and the equipment within the ambulance be sanitary and maintained in good working order at all times.

"(b)      The Board shall inspect medical equipment and supplies required of ambulances when it deems such inspection is necessary and maintain a record thereof. Upon a determination, based upon an inspection, that required medical supplies or equipment fail to meet the requirements of this Article or regulations adopted pursuant hereto, the Board shall suspend the permit for the ambulance concerned, until such requirements are met, or at the end of 60 days.

"G.S. 130-232.  Certified Ambulance Attendant Required. (a) Every ambulance, except those specifically excluded from the operation of this Article, when operated on an emergency mission in this State shall be occupied by at least one person who possesses a valid Ambulance Attendant's Certificate from the Board. This Section shall not be construed to require a person other than the driver to be aboard if the driver is properly certified by the Board as an ambulance attendant.

"(b)      The Board shall adopt regulations setting forth the qualifications required for certification of ambulance attendants.

"(c)       Persons desiring certification as ambulance attendants shall apply to the Board using forms prescribed by that agency. Upon receipt of such application the Board shall examine the applicant and if it determines the applicant meets the requirements of its regulations duly adopted pursuant to this Article, it shall issue a certificate to the applicant. Ambulance Attendant Certificates so issued shall be valid for a period not to exceed two years and may be renewed after re-examination if the holder meets the requirements set forth in the regulations of the Board. The Board is authorized to cancel a certificate so issued at any time it determines that the holder no longer meets the qualifications prescribed for ambulance attendants.

"(d)      Duly authorized representatives of the Board may issue temporary certificates with or without examination when it finds that such will be in the public interest. Temporary certificates shall be valid for a period not exceeding 90 days.

"G.S. 130-233.  Exemptions. (a) The following are exempted from the operation of the provisions of this Article:

(1)        Privately owned vehicles not ordinarily used in the business of transporting persons who are sick, injured, wounded or otherwise incapacitated or helpless;

(2)        A vehicle rendering service as an ambulance in case of a major catastrophe or emergency when the ambulances with permits and based in the locality of the catastrophe or emergency are insufficient to render the services required;

(3)        Ambulances based outside this State, except that any such ambulance receiving a patient within this State for transportation to a location within this State shall comply with the provisions of this Article;

(4)        Ambulances owned and operated by an agency of the United States Government.

"G.S. 130-234.  Violation Declared Misdemeanor. It shall be the duty of the registered owner of the vehicle concerned to see that the provisions of this Article and all regulations adopted hereunder are complied with. Violation of this Article or any regulation adopted hereunder shall constitute a misdemeanor punishable by a fine or imprisonment or both in the discretion of the court."

Sec. 3.  Paragraph 1 of G.S. 20-10 as the same appears in the 1963 Cumulative Supplement to the General Statutes is hereby amended by adding the following sentence immediately following the period (.) in line 3: "For purposes of this Section, an ambulance when operated for the purpose of transporting persons who are sick, injured, or otherwise incapacitated shall not be treated as a public passenger-carrying vehicle."

Sec. 4.  Section 153-9 of the North Carolina General Statutes is hereby amended by adding the following subsection to be appropriately designated and to read as follows:

"In order to assure adequate ambulance services, boards of county commissioners within their respective counties are hereby granted powers to:

(1)        Grant franchises to ambulance operators;

(2)        Regulate charges for ambulance services;

(3)        Determine the maximum number of ambulances to be operated;

(4)        Set minimum limits for liability insurance coverage for ambulances; and

(5)        Establish other necessary controls for ambulance services not inconsistent with statutes or regulations or the State Board of Health relating to ambulance services.

"On and after January 1, 1966, municipalities may after 180 days' notice to the chairman of the board of county commissioners, exercise those powers enumerated above unless the county is exercising or exercises same prior to the expiration of the 180 days.

"County ordinances adopted on or after January 1, 1966, pursuant to power granted herein shall not be effective within a municipality which is at the time the county adopts such ordinance, regulating ambulance services pursuant to power granted herein until 180 days after written notice to the governing body of the municipality concerned. Provided, however, that the governing body of any municipality, with the permission of the appropriate board of county commissioners, may exercise within the corporate limits of such municipality the powers herein granted the boards of county commissioners."

Sec. 5.  Article 19 of Chapter 14 of the North Carolina General Statutes is hereby amended by adding a new Section to be designated "G.S. 14-111.1" and to read as follows:

"G.S. 14-111.1.  Obtaining Ambulance Services Without Intending to Pay Therefor. Any person who with intent to defraud shall obtain ambulance services without intending at the time of obtaining such services to pay, if financially able, any reasonable charges therefor shall be guilty of a misdemeanor, and shall upon conviction be fined or imprisoned in the discretion of the court. A determination that the recipient of such services has failed to pay for the services rendered for a period of 90 days after request for payment, and that the recipient is financially able to do so, shall raise a presumption that the receipient at the time of obtaining the services intended to defraud the provider of the services and did not intend to pay for the services."

Sec. 6.  Article 36 of Chapter 14 of the North Carolina General Statutes is hereby amended by adding a new Section to be designated "G.S. 14-286.1" and to read as follows:

"G.S. 14-286.1.  Making False Ambulance Request. It shall be unlawful for any person to wilfully summon an ambulance or report that an ambulance is needed when such person knows that the services of an ambulance are not needed. Every person convicted of violating this Section shall upon conviction be punished by a fine not to exceed fifty dollars ($50.00) or imprisonment not to exceed 30 days or both such fine and imprisonment.

Sec. 7.  This Act shall apply only to Cumberland County.

Sec. 8.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 9.  This Act shall be effective upon its ratification.

In the General Assembly read three times and ratified, this the 17th day of June, 1965.