§ 40:1135.8 — Air ambulance services; licensure

Louisiana § 40:1135.8

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1135.8. Air ambulance services; licensure
A. No person, firm, corporation, association, or governmental entity shall conduct,
manage, operate, or maintain an air ambulance service in the state without a valid current
license from the department.
B. The application for such license shall be submitted to the department on forms
provided for this purpose. The application shall provide documentation that the applicant
meets the appropriate requirements for an air ambulance service as specified by regulations
promulgated by the department in accordance with the Administrative Procedure Act.
C. An applicant seeking licensure as an air ambulance service shall:
(1) Submit a completed application to the department on such forms and including
such information as specified by the department.
(2) Submit the appropriate initial license fee as provided in this Chapter.
(3) Submit to a background investigation which includes but is not limited to
fingerprinting and a criminal history check by the Department of Public Safety and
Corrections, office of state police.
(4) Submit to and successfully complete an inspection by the department to include
the following:
(a) An inspection of all aircraft utilized as air ambulances to ensure that all required
medical and safety equipment is present and operational. The medical and safety equipment
shall conform to local protocol as established by the medical director of the air ambulance
service. The list of required medical and safety equipment shall be established under rules
promulgated by the department and shall be based upon the recommendations of an advisory
committee to be composed of the following persons:
(i) The medical director of the department.
(ii) The director of the bureau.
(iii) One representative of the health standards section of the department's office of
the secretary, bureau of health services financing.
(iv) One representative of the Governor's Emergency Medical Services for Children
Advisory Council.
(v) One representative of the Department of Transportation and Development, office
of engineering, aviation section.
(vi) One representative of each air ambulance service certified or licensed in
accordance with this Chapter.
(b) Verification that all aircraft meet the appropriate Federal Aviation Administration
requirements.
(c) Review of licenses and certifications of all personnel to ensure that they meet all
Federal Aviation Administration requirements and local pilot and medical personnel staffing
protocols.
(d) Verification that the applicant is in receipt of an original notarized certificate of
insurance for the following coverage:
(i) Five hundred thousand dollars of aircraft liability insurance.
(ii) Five hundred thousand dollars of medical malpractice insurance or proof of
participation in the Patient's Compensation Fund.
(iii) Five hundred thousand dollars of commercial general liability insurance.
(e) Verification that the service has a medical director and that such director is a
physician licensed to practice medicine by the Louisiana State Board of Medical Examiners.
(f) A review of medical protocols signed by the EMS medical director of the air
ambulance service or the president or designee of the parish or component medical society
in the service's parish of domicile.
(g) Verification that the service has complied with all applicable federal, state, and
local statutes, rules, and regulations, and that the service has obtained all necessary and
applicable licenses, permits, and certifications, including certificates of need or certificates
of public convenience and necessity.
(5) Certify that all aircraft and crew members meet applicable Federal Aviation
Administration regulations.
(6) Specify if the service uses either fixed-wing or rotary-winged aircraft, or both.
D. If a service provides interhospital air transport, air transport from hospital to
another facility, air transport from hospital to home, or similar air transport, the service must
certify that a medical director is employed to advise the service on the appropriate staffing,
equipment, and supplies to be used for the transport of patients aboard an air ambulance.
E. In order to renew a license for an air ambulance service, the applicant shall:
(1) Submit a renewal application to the department not more than ninety days before
the expiration of the license.
(2) Submit the appropriate fee as provided herein in Subsection B.
(3) Provide documentation that current standards for issuance of a license are met.
(4) Successfully complete a review of any required documentation and any
inspection or verification of any documentation of any airplane deemed appropriate by the
department.
F. Intentional falsification of information provided pursuant to this Section or failure
to comply with any provisions hereof shall be grounds for immediate revocation of any
license granted pursuant to this Section.
G.(1) Nothing in this Section shall be construed to prohibit, limit, or regulate random
mercy flights made by a person or corporation in privately or publicly owned aircraft who
may on occasion transport individuals who may need medical attention during transport, or
human organs, intended for transplantation, including but not limited to the heart, lungs,
kidneys, liver, and other soft tissue and bones, on either a not-for-profit basis or gratuitously.
(2) Failure to comply with any of the provisions of this Section shall constitute
grounds for probation, suspension, revocation of license, or other administrative sanction in
accordance with rules and regulations established by the department.
(3) Any person whose license has been revoked, suspended, or denied by the
department shall have the right to have the proceedings of the department reviewed by a
court of competent jurisdiction, provided that such appeal is made within thirty days after the
notice of the decision of the department. If an appeal is granted, the decision of the
department shall not be implemented until a decision affirming the department decision is
rendered on judicial review. The department's decision shall remain in force until an appeal
is granted unless the court orders a stay. Judicial review shall be by trial de novo.
H. Any entity currently certified to provide ambulance service in Louisiana shall not
be required to be licensed by the state in order to maintain certification for a period of one
year after July 15, 1999, in order to continue providing such services.

Legislative History

Acts 1988, No. 982, §1; Acts 1999, No. 1114, §1; Acts 2001, No. 517, §1; Acts 2006, 1 st Ex. Sess., No. 6, §4; Acts 2012, No. 753, §6; Redesignated from R.S. 40:1236.2 by HCR 84 of 2015 R.S.; Acts 2020, No. 67, §1; Acts 2024, No. 171, §1, eff. May 23, 2024.