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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
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..
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
(,    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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