Colorado § 25-3.5-307.5 - Standards for air ambulance services - rules - civil penalties - disciplinary actions.

§ 25-3.5-307.5. Standards for air ambulance services - rules - civil penalties - disciplinary actions.

(1) The board shall promulgate rules in accordance with section 24-4-103, C.R.S., to establish minimum standards for an air ambulance service. The rules must include minimum requirements or standards for:

(a) Approval of an accrediting organization;

(b) Recognizing another jurisdiction's license, including a restriction on the number of allowable flights per year in Colorado under that license, a fee for such recognition, and a process to rescind the recognition upon a showing of good cause;

(c) Malpractice and liability insurance for injuries to persons, in amounts determined by the board, and workers' compensation coverage as required by Colorado law;

(d) Medical crew qualifications and training;

(e) Qualifications, training, and roles and responsibilities for a medical director for an air ambulance service;

(f) Communication equipment, reporting capabilities, patient safety, and crew safety and staffing;

(g) Medical equipment in an air ambulance;

(h) Data collection and submission, including reporting requirements as determined by the department;

(i) Maintaining program quality; and

(j) Management of patient and medical staff safety with regard to clinical staffing and shift time.

(2) Rules promulgated by the board must not include activities preempted by the federal aviation administration or 49 U.S.C. sec. 41713.

(3) Civil penalties. An air ambulance operator, service, or provider or other person who violates this section, section 25-3.5-307, or a rule of the board promulgated pursuant to this part 3 or who operates without a current and valid license is subject to a civil penalty of up to five thousand dollars per violation or for each day of a continuing violation. The department shall assess and collect these penalties. Before collecting a penalty, the department shall provide the alleged violator with notice and the opportunity for a hearing in accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S., and all applicable rules of the board. The department shall transmit all penalties collected pursuant to this section to the state treasurer, who shall credit them to the general fund.

(4) Disciplinary actions. For violation of any provision of this section, section 25-3.5-307, or a rule of the board promulgated pursuant to this part 3 or for operating without a license, the department may take any one or more of the following actions:

(a) Deny, suspend, or revoke a license issued pursuant to this part 3;

(b) Impose a civil penalty as provided in subsection (3) of this section;

(c) Issue a cease-and-desist order if the department has determined that a violation has occurred and immediate enforcement is deemed necessary. The cease-and-desist order must set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all violations cease forthwith.

(d) Summarily suspend a license issued pursuant to this part 3 in accordance with article 4 of title 24, C.R.S.

(5) Repealed.

Source: L. 2016: Entire section added, (HB 16-1280), ch. 206, p. 738, § 4, effective June 1. L. 2017: (2) amended, (SB 17-294), ch. 264, p. 1406, § 81, effective May 25.

Editor's note: Subsection (5)(b) provided for the repeal of subsection (5), effective July 1, 2018. (See L. 2016, p. 738.)