Chapter 03. Licensing Program—In General
Regulation .01 Scope.LinkCopy Citation
This chapter governs the requirement for licensing commercial ambulance services and commercial ambulances.
Regulation .02 State Office of Commercial Ambulance Licensing and Regulation.LinkCopy Citation
A.
There shall be a State Office of Commercial Ambulance Licensing and Regulation within MIEMSS which shall implement and enforce the provisions of this subtitle.
B.
Unless otherwise specified, all communications to the Executive Director relating to this subtitle shall be addressed to Executive Director of MIEMSS, c/o State Office of Commercial Ambulance Licensing and Regulation, 653 West Pratt Street, Baltimore, Maryland 21201-1536.
Regulation .03 License Required.LinkCopy Citation
A person may not operate a commercial ambulance service in Maryland unless:
A.
Issued a license under Education Article, §13-515, Annotated Code of Maryland;
B.
Exempt from this subtitle under Regulation .04 of this chapter; or
C.
Issued a written waiver from SOCALR under Regulation .05 of this chapter.
Regulation .04 Exempt Vehicles.LinkCopy Citation
A.
The following vehicles are exempt from licensure under this subtitle:
(1)
Vehicles, typically referred to as wheelchair vans, equipped with a hydraulic lift used exclusively for transporting, in wheelchairs, patients who do not require equipment or trained personnel available in an ambulance;
(2)
Ambulances owned by, operated by, or under the jurisdiction of a unit of State or federal government, a political subdivision of the State, a volunteer fire company, a volunteer ambulance company, or a volunteer rescue squad; and
(3)
Ambulances traveling through the State, regardless of frequency, exclusively for the purpose of interstate travel.
B.
If SOCALR believes that an ambulance operating in this State may be required to be licensed under this subtitle, SOCALR may conduct an investigation to determine whether the ambulance service or ambulance is required to be licensed.
Regulation .05 Exempt Services.LinkCopy Citation
A.
The following services are exempt from licensure under this subtitle:
(1)
Air ambulance services licensed and based outside Maryland which transport patients from or within Maryland less than 26 times per year; or
(2)
Ambulance services licensed and based outside Maryland which transport patients:
(a)
Into Maryland; or
(b)
To and from Maryland for diagnostic or therapeutic services in the same calendar day.
B.
An out-of-State ambulance service seeking an exemption from a service license shall submit a completed application on the required form to SOCALR.
C.
An exemption is not valid unless issued in writing by SOCALR for a specified period of time.
D.
A commercial ambulance service granted an exemption from this subtitle shall reapply for the exemption 30 days before expiration of the exemption.
E.
A service granted an exemption from this subtitle shall submit an annual report detailing the number of patients during the previous year who were transported:
(1)
From the scene of a public safety medical emergency; and
(2)
From any hospital or health care facility in Maryland.
F.
When transporting patients from the scene of a public safety medical emergency, an exempt service shall transport the patient to the closest appropriate facility according to Maryland Medical Protocol for EMS Providers.
G.
SOCALR may conduct an investigation to determine if an exemption should be revoked.
H.
A service granted on exemption shall notify SOCALR of any disciplinary action taken against the service by the licensing authority in the state in which the service is licensed.
I.
An exemption may be revoked if SOCALR finds the party to whom the exemption has been granted has:
(1)
Obtained or attempted to obtain an exemption by fraud or deceit;
(2)
Made material omission or misrepresentation of fact on an application for an exemption;
(3)
Made a material omission or misrepresentation of fact in response to an inquiry or investigation by SOCALR;
(4)
Defaced, altered, removed, or obliterated any portion of or any official entry on an exemption issued by SOCALR;
(5)
Interfered with SOCALR in the performance of SOCALR's duties;
(6)
Failed to reapply for an exemption;
(7)
Violated any applicable federal, State, or local statute or regulation;
(8)
Provided patient care which fails to meet the appropriate standard; or
(9)
Been disciplined by the licensing authority in the state in which the service is licensed.
Regulation .06 Preemption of Local Legislation.LinkCopy Citation
A.
The authority of a county or municipal corporation to regulate a commercial ambulance service with a base of operation located outside the county or municipal corporation that is licensed under this subtitle is preempted by Education Article, §13-515, Annotated Code of Maryland.
B.
A county or municipal corporation is not preempted from regulating a commercial ambulance service with a base of operation located within its territorial boundaries, while the commercial ambulance service is operating within those territorial boundaries, so long as local legislation does not conflict with, frustrate, or diminish the intent of Education Article, §13-515, Annotated Code of Maryland, or this subtitle.
Regulation .07 Public Information.LinkCopy Citation
A.
SOCALR shall:
(1)
Maintain a current list of licensed commercial ambulances and licensed commercial ambulance services; and
(2)
Provide this list as requested.
B.
The list shall contain the:
(1)
Name of the commercial ambulance service;
(2)
Commercial ambulance designations that will be used in radio communications; and
(3)
Type of license issued to each licensed commercial ambulance.
C.
COMAR 30.01.04 governs responses to requests for public records of MIEMSS.
Chapter annotations
Authority: Education Article, §§13-508 and 13-515, Annotated Code of Maryland
History: Effective date: October 12, 1992 (19:20 Md. R. 1816)
History: Regulation .01D amended as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); amended permanently effective July 7, 1997 (24:10 Md. R. 711)
History: Regulation .02D adopted as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); adopted permanently effective July 7, 1997 (24:10 Md. R. 711)
History: Chapter recodified from COMAR 14.22.03 to COMAR 30.09.03, August, 1997
History: Regulations .01—.04, Issuance, Transfer, and Relinquishment of License, repealed effective January 10, 2000 (26:27 Md. R. 2017)
History: Regulations .01—.07, Licensing Program—In General, adopted effective January 10, 2000 (26:27 Md. R. 2017)
History: Regulation .03 amended as an emergency provision effective August 31, 2001 (28:19 Md. R. 1682); emergency status extended at 29:7 Md. R. 618; emergency status expired July 30, 2002
History: Regulation .05 amended as an emergency provision effective May 8, 2000 (27:11 Md. R. 1076); emergency status expired November 3, 2000
History: Regulation .05 amended effective October 15, 2004 (31:20 Md. R. 1486)