Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 322 Fourth Substitute (2018GS)

Sponsor

Rep. Redd, E.

Final action

Governor Vetoed 3/20/2018

Outcome

Vetoed

Summary

What it does

• This bill:
• allows an emergency medical services provider to decline or delay a request for non-emergency transportation under certain circumstances that would endanger the patient or the provider; and
• requires a hospital to hold a bed for a patient whose transportation is delayed or declined under the provisions of this bill.

Every vote on this bill

Bill text

NON-EMERGENCY PATIENT TRANSPORTATION SAFETY
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Edward H. Redd
Senate Sponsor: 
 Curtis S. Bramble
LONG TITLE
General Description:
This bill amends the Utah Emergency Medical Services System Act.
Highlighted Provisions:
This bill:
▸ allows an emergency medical services provider to decline or delay a request for
non-emergency transportation under certain circumstances that would endanger the
patient or the provider; and
▸ requires a hospital to hold a bed for a patient whose transportation is delayed or
declined under the provisions of this bill.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
26-8a-602
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-8a-602
 is enacted to read:
 26-8a-602.
Interfacility transportation of behavioral health unit and basic life
support patients.
(1) As used in this section:
(a) "Basic life support patient" means a patient admitted into a hospital emergency
room, medical unit, or other hospital unit that:
(i) has stable vital signs;
(ii) does not have an IV in place;
(iii) has no advanced life support medications that will be required for monitoring or
administering during transport; and
(iv) does not require chemical or physical restraints.
(b) "Provider" means a ground ambulance or paramedic licensed under this chapter.
(2) A provider may refuse or delay a request for interfacility transportation if:
(a) the request is for the transportation of a basic life support patient;
(b) the request is made between the hours of 10:00 p.m. and 6:00 a.m.; and
(c) (i) the request is for a route that, at the time of the request, would require more than
miles of driving, as calculated from the patient's originating site to the patient's destination
site;
(ii) staffing levels or availability of equipment at the time of a request are below the
levels established by the department under Subsection (3); or
(iii) there are hazardous weather conditions, as defined by the department under
Subsection (3).
(3) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(a) establish a level of staffing or equipment availability necessary to support the needs
and expectations of a political subdivision's 911 ambulance or paramedic services between the
hours of 10:00 p.m. and 6:00 a.m.; and
(b) define hazardous weather conditions under which the interfacility transportation of
a non-emergent basic life support patient would result in substantial risk to the patient and the
provider.
(4) (a) Notwithstanding the requirements in Subsections 
26-8a-402
(5)(c) and (6)(c), a
provider outside of the exclusive geographic service area may respond to a request for the
interfacility transportation of a basic life support patient if the provider that is licensed in the
exclusive geographic service area:
(i) delays or declines a request under Subsection (2); and
(ii) requests assistance under a mutual aid agreement.
(b) A request under Subsection (4)(a)(ii) qualifies as a time of unusual demand under
Subsection 
26-8a-402
(4)(a).
(5) If a provider refuses or delays a request under Subsection (2), the receiving health
care provider shall honor an affirmative request from the originating health care provider to
hold a bed for a patient whose transportation was refused or delayed from the time of the
notification until the earlier of:
(a) a notification from the originating health care provider to the receiving health care
provider that the bed is no longer needed; or
(b) 6:00 a.m. after the initial notification is given, plus a reasonable amount of time for
transportation from the originating site to the receiving site.
(6) If a health care provider makes a request to hold a bed under Subsection (5), the
originating health care provider shall provide regular updates to the receiving health care
provider on the status of the delayed transportation.
(7) Nothing in this section requires a provider to:
(a) delay or decline transportation under Subsection (2); or
(b) render assistance under a mutual aid agreement under Subsection (4).
Legislative Review Note
Office of Legislative Research and General Counsel