New Mexico Administrative Code
Title 7 - HEALTH
Chapter 27 - EMERGENCY MEDICAL SERVICES
Part 10 - CERTIFICATION OF EMERGENCY MEDICAL SERVICES AGENCIES
Section 7.27.10.16 - MEDICAL RESCUE AGENCIES
Universal Citation: 7 NM Admin Code 7.27.10.16
Current through Register Vol. 35, No. 18, September 24, 2024
A. General requirements for all medical rescue agencies:
(1)
Certification required. A
medical rescue agency shall not provide treatment to any patient, nor shall a
transport medical rescue agency transport any patient, unless the medical
rescue agency holds a valid certificate in accordance with this rule.
(2)
Level of service. Any
medical rescue agency that represents itself as providing any EMS level of
service shall make that level of service available.
(3)
Fees prohibited. Medical
rescue agencies shall not charge a fee to the patient. Nothing in this rule
shall be construed to prevent a medical rescue agency from negotiating
reimbursement agreements.
(4)
Hygiene and cleanliness. Medical rescue agencies shall maintain
clean and hygienic work environments, and shall adopt and implement reasonable
infection control practices to prevent the spread of communicable diseases.
Medical rescue agencies shall properly maintain and dispose of all biohazard
material.
(5)
Medical rescue
emergency motor vehicles. Medical rescue emergency motor vehicles shall
provide safe and adequate service, and shall utilize equipment, supplies and
facilities that are safe and adequate for the provision of emergency medical
services and otherwise consistent with the requirements of this rule. Motor
vehicles shall be safe, dependable and suitable for the services rendered. Each
motor vehicle shall be maintained in good mechanical and operating condition.
The bureau may remove from operation any medical rescue agency vehicle that the
bureau determines to be either not road worthy or not response worthy.
Transport-capable medical rescue vehicles shall be equipped with a heating,
cooling and ventilation system capable of providing a reasonable level of
comfort inside the motor vehicle.
(6)
Documentation. EMS agencies
certified under this rule shall annually submit to the bureau a certificate of
safety for each of their medical rescue vehicles, to include the date, name,
contact telephone number and location of the certified mechanic performing the
inspection.
(7)
Drivers. Any person who regularly drives a certified medical rescue
(transport or non-transport) vehicle shall:
(a) be at least 18 years of age;
(b) hold a valid New Mexico driver's license
or equivalent out-of-state driver's license, equivalent to a class "D" or
higher;
(c) be in compliance with
bureau requirements for an emergency vehicle operator's course;
(d) not have received a driving while
intoxicated, driving under the influence, or reckless driving conviction within
the past year;
(e) not be
prohibited by law from driving without a breath alcohol ignition interlock
device;
(f) not be prohibited by
law from operating a motor vehicle for any other reason;
(g) annually provide to their EMS agency a
copy of the person's motor vehicle driving record; the medical rescue agency
shall validate and submit to the bureau a list of all drivers authorized by the
agency together with the agency's annual report; all driver infractions
resulting in the loss or potential loss of driving privileges shall be reported
to the bureau.
(8)
Safety belts. Safety belts shall be utilized by all persons in
the forward compartment of emergency motor vehicles. Attending personnel shall
wear seat belts when feasible. Safety belts or other safety restraining devices
shall be available for patients being transported, and shall be utilized for
patients at all times during patient transport, unless extenuating
circumstances prevent their usage.
(9)
Child restraint systems.
Attending personnel shall utilize child restraint systems when feasible and
necessary. Child restraint systems shall satisfy all federal and state
requirements when in use.
(10)
Minimum personnel requirements. All medical rescue agencies
(transport and non-transport) shall maintain the following minimum personnel
requirements during patient treatment and transportation:
(a) a minimum of one New Mexico licensed EMS
provider shall be present at the scene of an emergency;
(b) for transport of a patient, a minimum of
one qualified New Mexico-licensed EMS provider shall be present in the patient
compartment of the medical rescue vehicle at all times while the compartment is
occupied by a patient;
(c)
healthcare personnel not licensed as an EMS provider may accompany and monitor
a patient in the patient compartment of a medical rescue vehicle, provided that
at least one qualified New Mexico-licensed EMS provider is also present in the
patient compartment, subject to the policies of the EMS agency.
(11)
Mutual aid. All
medical rescue agencies (transport and non-transport) shall develop mutual aid
plans with appropriate EMS agencies and PRC regulated ambulance services. A
medical rescue agency may provide mutual aid to another EMS agency pursuant to
a mutual aid agreement only in the event that the other agency cannot respond
to a call for service, and only in the following circumstances:
(a) in mass casualty or disaster situations,
when requested by state or local authorities in accordance with established
local emergency plans;
(b) when
requested by another EMS agency or a licensed EMS provider during an emergency
and in accordance with established mutual aid agreements;
(c) when requested by a law enforcement
agency or officer; or
(d) in a
non-emergency, when the responsible local provider's resources are exhausted,
pursuant to arrangements made by the responsible local provider for (and for
the coordination of) such necessary mutual aid.
(12)
Unauthorized persons. A
medical rescue agency shall not transport any person who is not a patient
(including but not limited to a hitchhiker), other than an on-duty employee of
the medical rescue agency, a person authorized by the medical rescue agency to
be transported, or a bureau representative on official business, unless the
person's transport is necessitated by an emergency.
(13)
Accident reports. Every
medical rescue agency shall report to the bureau every accident that occurs in
the course of the medical rescue agency's operations within the state on either
public or private property that results in the death of a person, injury to a
person that requires treatment by a physician, or damage to property belonging
to either the medical rescue agency or any other person to an apparent extent
of two thousand five hundred dollars ($2,500.00) or more.
(a) In the event that an EMS vehicle operated
by a medical rescue agency is involved in a collision that results in a
person's death, the medical rescue agency shall, within twenty-four hours of
learning of the person's death, submit a copy of the police report of the
collision to the bureau.
(b) Police
reports of all other collisions involving an EMS vehicle operated by a medical
rescue agency shall be submitted to the bureau by the medical rescue agency no
later than fifteen days after the date of the collision.
(c) If a medical rescue agency learns after
submitting a police report to the bureau that an individual who was involved in
a collision involving an EMS vehicle operated by the agency has died, the
agency shall file an amended copy of the police report with the bureau no later
than fifteen days after learning of the person's death.
(d) For the purposes of this section, a
medical rescue agency that has submitted a uniform accident report of the
collision to the motor vehicle division of the New Mexico taxation and revenue
department may submit a copy of that report to the bureau instead of a police
report; provided that the deadline for the submission to the bureau of a
uniform accident report shall be the same as the deadline for the submission of
a police report.
B. Additional requirements for transport medical rescue agencies. Transport medical rescue agencies shall meet the following requirements in order to be certified by the bureau.
(1) All transport medical rescue vehicles
shall carry appropriate supplies and equipment, including the minimum required
equipment identified in this rule.
(2) Patient transport is allowed in two
distinct situations:
(a) saving of life or
limb: when a transport medical rescue agency is dispatched without the intent
to transport, but transports patient(s) due to life or limb-saving
necessity;
(b) system demand: a
transport medical rescue agency may transport a patient when there is no
ambulance service available, or may intercept with any air or ground ambulance
service when it is beneficial for the patient.
(3) All transport medical rescue agencies
shall additionally maintain the following agreements and protocols:
(a) a fully executed written agreement
between the public regulation commission-certificated ambulance service serving
the area and the transport medical rescue agency that describes the transport
protocol to be followed;
(b) a
written medical protocol that clearly specifies situations when transport is
allowed and has been approved by the transport rescue agency medical
director.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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