FIRST REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE LUETKEMEYER.
Read 1st time March 12, 2003, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal section 190.131, RSMo, and to enact in lieu thereof three new sections relating to certification of individuals performing medical transport of persons for compensation, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 190.131, RSMo, is repealed and three new sections enacted in lieu thereof, to be known as sections 190.131, 190.139, and 301.165, to read as follows:
190.131. 1. The department shall accredit or certify training entities for first responders, emergency medical dispatchers, emergency medical technicians-basic, emergency medical technicians-intermediate, [and] emergency medical technicians-paramedic, and certified medical transport drivers, for a period of five years, if the applicant meets the requirements established pursuant to sections 190.001 to 190.245.
2. Such rules promulgated by the department shall set forth the minimum requirements for entrance criteria, training program curricula, instructors, facilities, equipment, medical oversight, record keeping, and reporting.
3. Application for training entity accreditation or certification shall be made upon such forms as prescribed by the department in rules adopted pursuant to sections 190.001 to 190.245. The application form shall contain such information as the department deems reasonably necessary to make a determination as to whether the training entity meets all requirements of sections 190.001 to 190.245 and rules promulgated pursuant to sections 190.001 to 190.245.
4. Upon receipt of such application for training entity accreditation or certification, the department shall determine whether the training entity, its instructors, facilities, equipment, curricula and medical oversight meet the requirements of sections 190.001 to 190.245 and rules promulgated pursuant to sections 190.001 to 190.245.
5. Upon finding these requirements satisfied, the department shall issue a training entity accreditation or certification in accordance with rules promulgated by the department pursuant to sections 190.001 to 190.245.
6. Subsequent to the issuance of a training entity accreditation or certification, the department shall cause a periodic review of the training entity to assure continued compliance with the requirements of sections 190.001 to 190.245 and all rules promulgated pursuant to sections 190.001 to 190.245.
7. No person or entity shall hold itself out or provide training required by this section without accreditation or certification by the department.
190.139. 1. No person shall receive compensation for the medical transports of individuals in this state unless such person is certified by the department as a medical transport driver. The provisions of this section shall not apply to persons who in the ordinary course of business may provide transportation to persons with medical conditions, such as taxicab drivers, bus drivers, and other mass transit drivers.
2. The department shall, within a reasonable time after receipt of an application, cause such investigation as it deems necessary to be made of the applicant for certification as a medical transport driver. The director may authorize investigations into criminal records in other states for any applicant.
3. The department shall issue a certificate to medical transport drivers, for a period of two years, if the applicant meets the requirements established pursuant to sections 190.001 to 190.245 and the rules adopted by the department pursuant to sections 190.001 to 190.245. The department may promulgate rules relating to the requirements for a medical transport driver including but not limited to:
(1) Age requirements;
(2) Training requirements specified by the department through rules adopted pursuant to sections 190.001 to 190.245, including but not limited to training on the proper transport of disabled persons with life support devices;
(3) Initial certification requirements;
(4) Any continuing education and renewal of certification requirements.
4. The department shall not issue or renew a certificate for medical transport if the applicant or certificate holder:
(1) Possesses a driving record that shows that such person's privilege to operate a motor vehicle has been suspended, revoked, or disqualified, and has a history of moving vehicle violations;
(2) Has any findings of guilt, or pleas of guilty or nolo contendere to any felony offenses;
(3) Does not complete and pass a certified program of first aid;
(4) Does not complete and pass a certified training program for the medical transport of persons, including training on the medical transport of disabled persons with life support devices; and
(5) Does not possess a valid chauffeur's license issued in this state.
5. Application for certification as a medical transport driver shall be made upon such forms as prescribed by the department in rules adopted pursuant to sections 190.001 to 190.245. The application form shall contain such information as the department deems necessary to make a determination as to whether the medical transport driver meets all the requirements of sections 190.001 to 190.245 and rules promulgated pursuant to sections 190.001 to 190.245.
6. No person shall hold themselves out as a medical transport driver or provide the services of a medical transport driver unless such person is certified by the department.
7. A person certified as a medical transport driver must display a medical transport windshield placard issued by the department of revenue pursuant to section 301.165, RSMo, when performing medical transports for compensation.
8. No person certified as a medical transport driver shall be on duty to perform medical transports for more than twelve consecutive hours, except in cases of declared national or state emergencies.
9. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to chapter 536, RSMo.
301.165. 1. Any person certified as a medical transport driver pursuant to section 190.139, RSMo, upon application, accompanied by the documents and fees provided for in this section shall apply to the director of revenue for a removable medical transport windshield placard to be hung from the rearview mirror of a parked motor vehicle. When there is no rearview mirror, the placard shall be displayed on the dashboard on the driver's side. The removable windshield placard shall contain the international first aid symbol and the words "certified medical transport" and shall conform to the specifications with respect to size as the windshield placards issued pursuant to section 301.142. The fee for each removable windshield placard shall be ten dollars and the removable windshield placard shall be renewed every year. Only one removable placard may be issued to an applicant who has been issued a certificate as a medical transport driver by the department of health and senior services. The medical transport placard shall only be used when an individual is being medically transported by a certified medical transport driver. The use of a vehicle displaying a medical transport windshield placard when a person is not performing a medical transport shall be an infraction. Upon conviction thereof, violators shall be punished by a fine of not less than fifty dollars nor more than three hundred dollars.
2. Application for windshield placards issued pursuant to this section shall be made to the director of revenue and shall be accompanied by a documentation from the department of health and senior services which certifies that the applicant is a certified medical transport driver pursuant to section 190.139, RSMo. The applicant shall present his or her current certification each time the applicant renews a medical transport windshield placard.
3. When a person to whom a removable medical transport windshield placard has been issued dies, the personal representative of such person shall return the placards to the director of revenue under penalty of law.
4. In the event a removable medical transport windshield placard is lost, stolen, or mutilated, the lawful holder thereof shall, within five days, file with the director of revenue an application and an affidavit stating such fact, in order to purchase a new placard. The fee for the replacement windshield placard shall be ten dollars.
5. Fraudulent application, renewal, issuance, procurement or use of medical transport windshield placards shall be a class A misdemeanor.