Current through Register Vol. 35, No. 18, September 24, 2024
A.
Temporary certification. The bureau may issue a temporary certification
to an EMS agency for a period not to exceed three continuous months upon
submission of a fully completed initial certification application and payment
of appropriate fees. The bureau may in its sole discretion grant a temporary
certification to an EMS agency in order to:
(1) allow the EMS agency to begin or continue
operations while awaiting full certification;
(2) provide the EMS agency additional time to
submit information requested by the bureau;
(3) provide the EMS agency additional time to
meet other certification standards; or
(4) provide the EMS agency time to appeal an
initial determination or denial of certification.
B.
Full certification. To
become fully certified, an EMS agency shall:
(1) comply with applicable federal, state,
and local laws regarding the operation of a business in the state of New Mexico
or the counties or municipalities thereof;
(2) if the agency is an out-of-state EMS
agency, submit to the bureau a copy of a bureau-approved accreditation
certificate;
(3) complete an
initial or renewal certification application and submit it to the bureau along
with the required application fee;
(4) submit to any inspections that may be
conducted by the bureau;
(5) comply
with all applicable federal and state regulatory requirements, including but
not limited to insurance requirements, state board of pharmacy permitting
requirements , and drug enforcement administration permitting
requirements;
(6) verify the
driving records of the EMS agency personnel;
(7) conduct criminal background checks of the
EMS agency personnel, if requested by the bureau;
(8) furnish insurance documentation as
required in this rule;
(9) if the
EMS agency is an emergency medical dispatch agency, provide documentation that
the agency is using the most current version of its bureau-approved EMDPRS by
submitting the name, version number, and date of last revision of the EMDPRS
used by the dispatch agency; and
(10) satisfy all other certification
requirements applicable under this rule.
C.
Renewal of certification. An
EMS agency shall submit a certification renewal package to the bureau at least
thirty calendar days prior to the expiration of the EMS agency's certification.
(1) To obtain renewal certification, an EMS
agency shall:
(a) submit to the bureau a
completed renewal certification application form;
(b) submit to the bureau the applicable
certification fee;
(c) comply with
all applicable federal and state regulatory requirements, including but not
limited to insurance requirements, state board of pharmacy permitting
requirements, and drug enforcement administration permitting
requirements;
(d) if the agency is
an out-of-state EMS agency, submit to the bureau a copy of a bureau-approved
accreditation certificate;
(e)
comply with all other certification requirements applicable under this
rule.
D.
Determinations regarding certification renewal. The bureau shall
review a certification renewal application in the order in which it is
received, provided that the application is complete and is submitted by the EMS
agency in a timely manner.
(1) If there is a
delay by the bureau in notifying an EMS agency of whether the agency's
certification renewal application is approved or denied, and if that delay
extends beyond the expiration date of the EMS agency's existing certification,
that certification shall continue in effect beyond its expiration date until
either:
(a) the bureau issues a written
notice to the EMS agency stating that the renewal certification application has
been denied; or
(b) the bureau
issues a renewed certificate to the EMS agency.
(2) If an EMS agency's renewal packet is
incomplete, the department shall notify the EMS agency in writing.
E.
Certification
updates. An EMS agency shall provide updates to the bureau of any
organizational changes in the following areas within thirty days of said
change:
(1) changes in management
structure;
(2) changes in the EMS
agency's medical direction;
(3)
additions to or removals from the EMS agency's service vehicle fleet;
(4) changes of address for the EMS agency and
changes in EMS agency contact information;
(5) any change that impacts the EMS agency's
certification status.
F.
Change of ownership. Any change of an EMS agency's ownership
shall require the EMS agency to reapply with the bureau for certification,
which shall require the EMS agency's submission of of any fees associated with
a new certification application. The sale or exchange of fifty percent (50%) or
more of the total outstanding stock of a corporation shall be deemed a change
of ownership for purposes of this rule.
G.
Issuance of EMS agency
certificate. Upon the bureau's approval of an EMS agency's application
for certification, the bureau shall provide the EMS agency with a certificate
that authorizes the EMS agency to operate in New Mexico. The EMS agency shall
prominently display the certificate at the EMS agency's primary business
location so that it is in full public view at all times.
H.
Identification of vehicles.
The bureau shall provide certification decals to the EMS agency for each of the
EMS agency's vehicles, which the EMS agency shall prominently display on the
vehicle(s) so that the decals are in plain sight at all times.
I.
Transfer of certificate or decal
prohibited. An EMS agency shall not assign, sell or otherwise transfer a
bureau-issued certificate, decal or other symbol that signifies the EMS
agency's certification to any other person or entity.
J.
Reciprocal certification. An
out-of-state EMS agency that holds a valid accreditation from the commission on
accreditation of ambulance services (CAAS), the commission on accreditation of
medical transport systems (CAMTS), the national EMD standard setting
certification organization (NESSCO), or another organization approved by the
bureau as having equivalent expertise and competency in the accreditation of
EMS agencies, shall be deemed to meet the standards for EMS agency
certification in the state of New Mexico under this rule.
(1) The bureau shall certify an out-of-state
EMS agency that holds a bureau-approved accreditation or certification
following the review and approval of the certification application, bureau
verification of the EMS agency's liability insurance coverage, and payment of
appropriate fees by the EMS agency.
(2) An accredited or certified out-of-state
EMS agency shall attach to its initial or renewal certification application
evidence of current accreditation. Accreditation of an out-of-state EMS agency
shall not preclude the bureau from conducting a certification inspection or
from requesting additional information from the agency to ensure compliance
with this rule.
K.
Exemptions to certification requirements.
(1) Federal agencies and entities, including
but not limited to the United States department of defense, shall be exempt
from this rule.
(2) The New Mexico
department of military affairs shall be exempt from this rule.
(3) Tribal agencies and organizations that
provide EMS services entirely within the boundaries of tribal lands shall be
exempt from this rule.
(4) An EMS
agency from any state adjoining the state of New Mexico shall be exempt from
this rule if that agency responds into New Mexico to assist in a mass casualty
or disaster situation that exceeds the capacity or capability of the New Mexico
EMS agency in the affected area, or if that agency responds into New Mexico on
a non-routine basis for emergency mutual aid assistance when requested to do so
by the certified EMS agency whose service area includes areas along the mutual
state line. The out-of-state EMS agency shall hold a valid certificate or
authorization issued by the EMS regulatory authority that has jurisdiction in
the adjoining state where the agency is located, and may provide emergency
medical care, emergency medical communication and transport commensurate with
that existing authority.
(5)
Ambulance services regulated by the transportation division of the New Mexico
public regulation commission (see 18.3.14 NMAC) shall be exempt from this
rule.
L.
Inspections and audits. Inspections or audits of an EMS agency shall be
conducted and reviewed by the bureau or the bureau's agent(s). Only individuals
who hold valid NM emergency medical technician licensure shall be assigned to
conduct an investigation of an EMS agency on behalf of the bureau.
(1) The bureau may conduct on-site
inspections or audits of an EMS agency at any time, at the bureau's
discretion.
(2) The bureau may
investigate and inspect the land, buildings, improvements to real property,
vehicles, equipment, records, or documents of an EMS agency as the bureau deems
necessary to determine an EMS agency's compliance or non-compliance with this
rule.
(3) An EMS agency shall
provide the bureau complete access at all times to the land, buildings,
improvements to real property, vehicles, and equipment owned by or within the
control of the EMS agency.
(4) An
EMS agency shall allow the bureau at any time to freely inspect and copy all
records and documents in the agency's possession.
(5) An EMS agency that has been certified by
the bureau shall submit ongoing annual reports that shall be completed via a
self-assessment method, and that shall affirm that the agency meets all
standards identified in this rule.
(6) Bureau investigations or audits of an EMS
agency may be conducted with or without notice.
(7) An EMS agency that applies for
certification from the bureau and that fails an initial inspection may be
subject to additional inspections by the bureau to determine whether the EMS
agency satisfies certification requirements in accordance with this rule. An
EMS agency that fails an initial inspection shall reimburse the bureau for each
additional inspection made by the bureau to determine the EMS agency's
compliance with certification requirements, in an amount equivalent to the per
diem and mileage rates permitted for nonsalaried public officers in the NM Per
Diem and Mileage Act, NMSA 1978, Section
10-8-1
et seq. Per diem and mileage rates shall be assessed to the
EMS agency per each individual bureau employee or agent assigned to inspect the
EMS agency.
M.
Changes of name and address. An EMS agency shall notify the bureau of
any change of the EMS agency's name or address no later than ten business days
after said change is made.
