Tennessee § 68-140-306 - Licenses, permits, and certification.

§ 68-140-306. Licenses, permits, and certification.

No person, either as owner, agent or otherwise, shall furnish, operate, conduct, maintain, advertise or otherwise engage in or profess to engage in the business or service of transporting patients upon the streets, highways or airways within this state, or the provision of emergency medical services in the state, unless such person complies with this part and regulations pursuant to this part. When an employee/member of a not-for-profit service licensed in another state, which at the request of a county or municipal government regularly operates in Tennessee, is certified as a class of emergency medical provider that has no equivalent in Tennessee, that person shall be allowed to practice at such person's level of certification in such other state when acting in Tennessee as an employee/member of that service. Any person desiring to be licensed, permitted or certified shall apply to the department on forms approved by the board, accompanied by the appropriate fee. The application shall contain such information as the board deems necessary for evaluation. Prior to issuance of any license under this part, the department shall cause to be inspected each ambulance service or emergency medical service, specifically vehicles, equipment, personnel, records, premises and operational procedures, annually, or whenever such inspection is deemed necessary. The periodic inspection shall be in addition to any other state or local safety or motor vehicle inspection required for ambulances or other motor vehicles under general law or ordinances. Renewal of any authorization issued under this part may be accomplished by paying an appropriate fee, submitting a renewal application, and otherwise complying with the applicable rules of the board. A separate license shall be required for each service, county specific for each base of operations, and a separate permit required for each vehicle authorized for operation pursuant to this part. Licenses and permits shall expire on June 30 of the year after issuance. Those ambulance services that are licensed by operating in multiple county jurisdictions on July 1, 2007, shall be eligible to obtain the licenses for those identified counties of operation by remitting the appropriate service application renewal fee. An ambulance service may renew the service license within sixty (60) days following the license expiration date upon payment of the renewal fee in addition to a late penalty established by the board for each month or fraction of a month that payment for renewal is late; provided, that the late penalty shall not exceed twice the renewal fee. If the ambulance service license is not renewed within sixty (60) days following the license expiration date, then the licensee shall reapply for licensure in accordance with the rules established by the board. The issuance of any authorization under this part shall not be construed so as to authorize any person to provide ambulance services or to operate any ambulance not in conformity with any ordinance or regulation enacted by any county, municipality or special purpose district or authority. No county or municipality shall adopt standards less stringent than state standards and regulations. Any service licensed in good standing in another state and based in that jurisdiction outside this state, that, at the request of a county or municipality, renders emergency medical services in this state, shall be exempt from licensure and authorized to operate, if the service agrees to subject itself to the jurisdiction of the emergency medical services board and the courts of this state in any matter arising from the conduct of ambulance service in this state, and submits a sworn affidavit providing the name, address, location of service, operating officers, and the nature of service to be provided; however, employees of such services shall be licensed in this state as provided by this part. Employees of a service rendering emergency medical services at a major scheduled public event in this state at the request of a county or municipality, as provided in this part, shall be deemed licensed in this state to the extent of their valid foreign license for the duration of the major scheduled public event and shall perform their services under the supervision of a physician licensed in this state. Acts 1983, ch. 440, § 8; 1986, ch. 586, § 2; T.C.A., § 68-39-506 ; Acts 1992, ch. 796, § 2; 1994, ch. 962, § 1; 1996, ch. 769, § 1; 2001, ch. 29, § 4; 2002, ch. 516, § 2; 2004, ch. 525, § 1; 2007, ch. 226, § 1; T.C.A. § 68-140-306 ; Acts 2012, ch. 728, § 13. Code Commission Notes. Former § 68-140-506 was transferred to § 68-140-306 by authority of the code commission in 2011. Attorney General Opinions. Board authority to regulate out-of-state services, OAG 96-018 (2/16/96).