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1980 Maine Attorney General Reports and Opinions 1 (1980)

handle is hein.sag/sagme9008 and id is 1 raw text is: ,1 AlbU( MAINE Anter-DcPrtme.ital Memorandum Date January ?, 1980 1o Francis .Me it puty Commissioneralt H[uman Services * ah L. Dn Attorne De.Attorney General General Subject L.D. 1257 You have raised some questions regarding the effect of P.L. 1979, Chapter 232, on the Department of Human Services', (herein- after Department) authority to regulate the training and licen- sure of ambulance personnel.. FACTS: Chapter 2-A of Title 32, Maine Revised Statutes Annotated (32 M.R.S.A. §71 et seq.) governsthe licensing of ambulance services.1 SectTon 71 requires all operating -ambulance services to be licensed by the Department of Human Services. Section 73(6) gives the Department authority to adopt such forms, rules, regulations, procedures and records as may be necessary to fulfill the purposes of [Chapter 2-A. Prior to the amendment of Section .73(6) by P.L. 1979, Chapter 288 (see Attachment A), the Department 13'o had authority to define and approve the level of emergency mhedical training required for licensed persons to administer emergency treatment procedures and advanced emergency treatment procedures. (, Pursuant to §73(6), on October 1, 1978, the Department promul- gated revised rules and regulations entitled Regulations Relative to Licensing of Ambulance Services, Vehicles and Personnel. (hereinaft r Regulations) (See Attachment B). Chapter 2.A. of these requaticns establishes seven levels of personnel licensing. Three levels - ambulance attendant apprentice, licensed ambulance attendant, and licensed basic emergency medical technician-pertain to the licensing of persons to administer emergency treatment pro- cedures. In addition to required training, applicants for licensure as licensed ambulance attendants and licensed basic emergency medical technicians are required under the regulations to complete sicessfully examinations developed and administered by Department personnel. The rationale for the State examination requirement was to assure, a uni- form, basic level of competency of ambulance personnel. When these revised regulations went into effect on October 1, 1978., considerable controversy was generated. There were numerous complaints that the rules and regulations were promulgated and implemented without adequate opportunity for all people affected 1. 32 M.R.S.A. §72(4) defines ambulance services as any organ- ization or any person or persons who routinely provide emer- gency care or transportation for ill or injured persons. Emergency care is further defined in 972(8) to include both emergency treatment and advanc8d emerg.ency treatment.

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