190.528. License required--political subdivisions not precluded from governing operation of service or enforcing ordinances--responsibilities and restrictions on operation of stretcher van services--r - Missouri Statutes

License required--political subdivisions not precluded from governingoperation of service or enforcing ordinances--responsibilities andrestrictions on operation of stretcher van services--rules.

190.528. 1. No person, either as owner, agent or otherwise, shallfurnish, operate, conduct, maintain, advertise, or otherwise be engaged inor profess to be engaged in the business or service of the transportationof passengers by stretcher van upon the streets, alleys, or any public wayor place of the state of Missouri unless such person holds a currentlyvalid license from the department for a stretcher van service issuedpursuant to the provisions of sections 190.525 to 190.537 notwithstandingany provisions of chapter 390 or 622, RSMo, to the contrary.

2. Subsection 1 of this section shall not preclude any politicalsubdivision that is authorized to operate a licensed ambulance service fromadopting any law, ordinance or regulation governing the operation ofstretcher vans that is at least as strict as the minimum state standards,and no such regulations or ordinances shall prohibit stretcher van servicesthat were legally picking up passengers within a political subdivisionprior to January 1, 2002, from continuing to operate within that politicalsubdivision and no political subdivision which did not regulate or prohibitstretcher van services as of January 1, 2002, shall implement unreasonableregulations or ordinances to prevent the establishment and operation ofsuch services.

3. In any county with a charter form of government and with more thanone million inhabitants, the governing body of the county shall setreasonable standards for all stretcher van services which shall comply withsubsection 2 of this section. All such stretcher van services must belicensed by the department. The governing body of such county shall notprohibit a licensed stretcher van service from operating in the county, aslong as the stretcher van service meets county standards.

4. Nothing shall preclude the enforcement of any laws, ordinances orregulations of any political subdivision authorized to operate a licensedambulance service that were in effect prior to August 28, 2001.

5. Stretcher van services may transport passengers.

6. A stretcher van shall be staffed by at least two individuals whentransporting passengers.

7. The crew of the stretcher van is required to immediately contactthe appropriate ground ambulance service if a passenger's conditiondeteriorates.

8. Stretcher van services shall not transport patients, personscurrently admitted to a hospital or persons being transported to a hospitalfor admission or emergency treatment.

9. The department of health and senior services shall promulgateregulations, including but not limited to adequate insurance, on-boardequipment, vehicle staffing, vehicle maintenance, vehicle specifications,vehicle communications, passenger safety and records and reports.

10. The department of health and senior services shall issue servicelicenses for a period of no more than five years for each service meetingthe established rules.

11. Application for a stretcher van license shall be made upon suchforms as prescribed by the department in rules adopted pursuant to sections190.525 to 190.537. The application form shall contain such information asthe department deems necessary to make a determination as to whether thestretcher van agency meets all the requirements of sections 190.525 to190.537 and rules promulgated pursuant to sections 190.525 to 190.537. Thedepartment shall conduct an inspection of the stretcher van service toverify compliance with the licensure standards of sections 190.525 to190.537.

12. Upon the sale or transfer of any stretcher van service ownership,the owner of the stretcher van service shall notify the department of thechange in ownership within thirty days prior to the sale or transfer. Thedepartment shall conduct an inspection of the stretcher van service toverify compliance with the licensure standards of sections 190.525 to190.537.

13. Ambulance services licensed pursuant to this chapter or any rulespromulgated by the department of health and senior services pursuant tothis chapter may provide stretcher van and wheelchair transportationservices pursuant to sections 190.525 to 190.537.

14. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2002, shall beinvalid and void.

(L. 2002 S.B. 1107)