HB 2787 — ground ambulances; registration

HouseSenate Engrossed House Bill ground ambulances;

registration State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session CHAPTER 212 HOUSE BILL 2787 AN ACT AMENDING SECTION 36-2212, ARIZONA REVISED STATUTES;

AMENDING SECTION 36-2212, ARIZONA REVISED STATUTES, AS AMENDED BY THIS ACT;

(TEXT OF BILL BEGINS ON NEXT PAGE) - i - BeH.B. it enacted by the Legislature of the State of Arizona:

2787 Be it enacted by the Legislature of the State of Arizona:

NOTWITHSTANDING THE PERIOD OF TIME FOR WHICH A CERTIFICATE OF REGISTRATION IS VALID PURSUANT TO SUBSECTION D OF THIS SECTION, IF THE DEPARTMENTCERTIFICATE FAILSOF TOREGISTRATION SCHEDULEHOLDER ORTIMELY PERFORMSUBMITS ANA INSPECTIONCOMPLETE OFRENEWAL ANAPPLICATION AMBULANCEIN WITHINCOMPLIANCE THEWITH TIMETHIS FRAMEARTICLE PRESCRIBEDAND BYTHE SECTIONRULES 36-2232,ADOPTED SUBSECTIONPURSUANT A,TO PARAGRAPHTHIS 13,ARTICLE AN AMBULANCE'S REGISTRATION REMAINS VALID AND IN EFFECT UNTIL THE DEPARTMENT COMPLETESIS THEUNABLE REQUIREDTO INSPECTIONPERFORM ANDAN THEINSPECTION CERTIFICATE - 1 - OF REGISTRATIONAN HOLDERAMBULANCE COMPLIESWITHIN WITH THE RENEWALTIME PROCESSFRAME REQUIREDPRESCRIBED BY SUBSECTIONSECTION D36-2232, OF- THIS1 SECTION.- H.B.

F.2787 SUBSECTION A, PARAGRAPH 13, THE DEPARTMENT MAY ALLOW AN AMBULANCE'S REGISTRATION TO REMAIN VALID AND IN EFFECT UNTIL THE DEPARTMENT COMPLETES THE REQUIRED INSPECTION.

THE DEPARTMENT'S FAILURE TO ISSUE A CERTIFICATE OF REGISTRATION OR A RENEWAL CERTIFICATE OF REGISTRATION WITHIN THE TIME FRAMES ESTABLISHED BY THE DEPARTMENT BY RULE DOES NOT INVALIDATE OR DELAY THE EFFECTIVE DATE OF THE CERTIFICATE OF REGISTRATION.

LegislativeSection findings;36-2212, Arizona Revised Statutes, as amended by section 1 of this act, is amended to read:

intent36-2212. A.

TheCertificate legislatureof findsregistration that:to operate an ambulance;

1.termination on change in ownership;

Onfees MarchA. 11, 2020, Governor Doug Ducey issued Executive Order 2020-07, entitled "Proactive Measure to Protect Against COVID-19," in an attempt to limit the exposure and spread of the COVID-19 virus and to ease access to essential care and services.

InA Juneperson 2020,shall Caranot Christ,operate thean then-directorambulance ofin thethis departmentstate ofunless healththe services,ambulance issuedhas Administrativea Ordercertificate 2020-04,of pursuantregistration toand which,complies amongwith otherthis things,article and the departmentrules, ofstandards health services waived or postponed various license and registrationcriteria renewaladopted requirementspursuant forto regulatedthis entities.article.

Administrative Order 2020-04, by its terms, remained in effect until Governor Ducey's March 11, 2020 Executive Order was terminated.

2.

The department of health services recently implemented changes in software, programs and processes to notify licensees of, among other things, the need to schedule inspections and renewals for ambulance registrations.

3.

As a result of the suspension of registrations pursuant to Administrative Order 2020-04 and the change in processes, systems and notifications, the registrations of a number of ambulances have lapsed for some period of time through no intentional failure or lapse by the certificate of registration holders.

4.

The failure to maintain ambulance registrations may result in the forfeiture of state and federal monies otherwise due and payable to the certificate of registration holders for ambulance transportation services provided to the residents of this state.

ThisA legislatureperson intendsmay obtain a certificate of registration to avoidoperate suchan ambulance by submitting an application on a forfeitureform prescribed by allowingthe certificatedirector ofand registrationby holdersdemonstrating to submitthe registrationdirector's renewalssatisfaction for ambulances that werethe otherwiseapplicant operatingis in compliance with applicablethis lawarticle butand whoseall registrationrules, inadvertentlystandards lapsed.and criteria adopted by the director for the operation of an ambulance.

C.

A certificate of registration issued under this section terminates on any change of ownership or control of the ambulance.

Following any change of ownership, the new owner of an ambulance shall apply for and receive a new certificate of registration from the director before the ambulance may again be operated in this state.

This subsection does not apply if an ambulance service borrows, leases, rents or otherwise obtains a registered ambulance from another ambulance service to temporarily replace an inoperable ambulance.

D.

The department shall issue a certificate of registration to a person that complies with the requirements of this article and that pays an initial registration fee.

A certificate of registration is valid for one year, but an ambulance service may request that the department issue an initial certificate of registration that expires before the end of one year in order for the department to conduct an annual inspection of all of the ambulance service's ambulances at one time.

A person may renew a certificate of registration by complying with the requirements of this article and by paying a renewal fee prescribed by the director.

The fee for initial registration and registration renewal shall not exceed $50 for each ambulance.

The department shall base these fees on an amount that approximates the per vehicle costs incurred by the department to administer this chapter.

The director shall deposit, pursuant to sections 35-146 and 35-147, fees collected under this subsection in the state general fund.

The department shall not charge a registration fee for an ambulance to an ambulance service that operates an ambulance or ambulances only as a volunteer not-for-profit service.

RetroactivityAmbulance Sectionregistration 36-2212,renewal Arizonaapplications; Revised Statutes, as amended by this act, applies retroactively to from and after March 31, 2021.

(EMERGENCYcorrective NOTaction; ENACTED) Sec.

delayed repeal A.

For an active certificate of necessity holder that failed to submit registration renewal applications with the department of health services, whose certificates of registration lapsed between March 31, 2022 - 2 - H.B.

2787 and August 1, 2024 and whose ambulances are now registered in accordance with section 36-2212, Arizona Revised Statutes, as amended by section 1 of this act, the department of health services shall consider the expired registration of those ambulances as valid and in effect during the period the certificates of registration were expired if the certificate of necessity holder pays to the department all lapsed application fees that are owed for the time period in which the certificates of registration had lapsed and were not renewed.

B.