Rhode Island HB 5904: AN ACT RELATING TO PUBLIC UTILITIES AND CARRIERS -- NON-EMERGENCY MEDICAL TRANSPORTATION (Establishes a safe and reasonable regulatory framework for companies and drivers providing non-emergency medical transportation services to a population of vulnerable passengers through coordination with the state's health and human service agencies.)

Bill Text

2023 -- H 5904 SUBSTITUTE A AS AMENDED 
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LC002080/SUB A 
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S T A T E     O F     R H O D E     I S L A N D 
IN GENERAL ASSEMBLY 
JANUARY SESSION, A.D. 2023 
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A N   A C T 
RELATING TO PUBLIC UTILITIES AND CARRIERS -- NON-EMERGENCY MEDICAL 
TRANSPORTATION 
Introduced By: Representatives Serpa, and Azzinaro 
Date Introduced: March 01, 2023 
Referred To: House Judiciary 
(Division of Public Utilities and Carriers) 
 
It is enacted by the General Assembly as follows: 
SECTION 1. Section 23-4.1-6 of the General Laws in Chapter 23-4.1 entitled "Emergency 1 
Medical Transportation Services" is hereby amended to read as follows: 2 
23-4.1-6. Licensing of ambulances and ambulance service. 3 
(a) A person shall not engage  in the  business or service of the transportation of patients 4 
upon any public  way of the  state  unless  that person  holds  a  license  by the  director of health for 5 
engaging in that business or service. 6 
(b) A person shall not operate an ambulance on public ways in this state if the ambulance 7 
is not licensed by the director of health under this chapter. 8 
(c) The director of health shall not issue or renew a license for an ambulance under this 9 
chapter  unless  the  ambulance  meets  the  minimum  equipment  standards established  under  this 10 
chapter. 11 
(d) If a major emergency occurs and the licensed ambulances in the state are not sufficient 12 
to meet the needs to transport the injured or sick persons, the licensing provisions of this section 13 
do not apply during the period of the emergency. 14 
(e)(1)  If  an  ambulance  is  owned  by  a  nonresident  and  is  licensed  as  a  motor  vehicle  in 15 
another state, it may be operated on the public ways of this state to transport patients who are picked 16 
up out of state and brought to treatment centers in the state, without the ambulance, its owners, the 17 
driver, the attendant, or the attendant drivers being licensed under this section. 18 

 
 
LC002080/SUB A - Page 2 of 9 
(2) Also exempted are: 1 
(i)  Any  motor  vehicles  or  aircraft  owned  by  or  operated  under  the  direct  control  of  the 2 
United States; 3 
(ii) Those hospital-based and owned vehicles and their attendants which are used solely for 4 
the  transportation  of  non-emergency  patients  to  and  from  other  institutions  for  the  purpose  of 5 
therapy and/or other medical treatment and services of a non-emergency nature; and 6 
(iii) Those private ambulance and service companies and their attendants which are used 7 
solely  for  the  transportation  of  non-emergency  patients;  provided,  however,  that  those  private 8 
ambulance and service companies annually attest to the ambulance service coordinating board the 9 
fact that the ambulance or service companies are not engaged in the transportation of emergency 10 
patients. 11 
(f) Any change of ownership of a licensed ambulance or of a business or service engaged 12 
in  the  transportation  of  patients  ends  the  license  concerned.  Upon  a  change  of  ownership,  the 13 
director of health shall issue a ninety (90) day temporary license upon the application of the new 14 
owner for a current license. 15 
(g) All persons engaged in the business or service of the transportation of patients on any 16 
public ways in the state, all person operating an ambulance for ambulance purposes on any public 17 
way  in  the  state,  and  all  ambulances  operated  on  public  ways  in  this  state  shall  conform  to  the 18 
minimum standards set by regulations issued under the authority of this chapter. 19 
(h)  If  there  is  a  hardship  imposed  on  any  applicant  for  a  license  because  of  an  unusual 20 
circumstance,  the  applicant  may  apply  to  the  director  for  a  temporary  waiver  of  the  licensing 21 
provisions of  this  section  for  good  cause  shown.  The  director  has  the  power  to  waive  licensing 22 
provisions for a period not to exceed ninety (90) days. 23 
(i) A person may not transport any patient by a stretcher, or in a supine position, in a vehicle 24 
unless the person holds a license as an emergency medical services provider issued by the director 25 
of health for engaging in that business or service. For the purposes of this section the definition of 26 
a "person" means an individual, corporation, organization, government, governmental subdivision 27 
or agency, business, trust, partnership, association, or any other legal entity, and an  "emergency 28 
medical  provider"  means  the  practitioners,  ambulance  vehicles,  and  ambulance  services  entities 29 
licensed in accordance with chapter 4.1 of title 23 to provide emergency care, transportation, and 30 
preventative care to mitigate loss of life, or exacerbation of illness and injury. 31 
SECTION 2.   Title  39   of   the   General   Laws   entitled  "PUBLIC   UTILITIES   AND 32 
CARRIERS" is hereby amended by adding thereto the following chapter: 33