NEW JERSEY ADMINISTRATIVE CODE

TITLE 8. DEPARTMENT OF HEALTH AND SENIOR SERVICES

CHAPTER 40. MOBILITY ASSISTANCE VEHICLE AND BASIC LIFE

SUPPORT AMBULANCE SERVICES

SUBCHAPTER 1. AUTHORITY, SCOPE AND DEFINITIONS

36 N.J. Reg. No. 22

8:40-1.2 Scope and purpose

(a) These rules shall apply to any person, public or private institution, agency,

entity, corporation, general hospital and/or business concern that operates, or

seeks to operate, a non-volunteer mobility assistance vehicle or basic life support

ambulance service within the State of New Jersey. These rules serve to define

the operational requirements of these services, to provide for a uniform

application of standards, and to specify the personnel, equipment, organization

and other resources required to successfully operate such services.

(b) N.J.A.C. 8:40-1 through 5 and 7 shall apply to MAV services.

services.

8:40-1.3 Definitions

The following words and terms, as utilized in this chapter, shall have the following

meanings, unless the context in which they are utilized clearly indicates

otherwise.

"Advanced life support" or "ALS" means an advanced level of pre-hospital, inter-

facility or emergency medical care that includes basic life support functions,

cardiac monitoring, cardiac defibrillation, telemetered electrocardiography,

administration of anti-arrhythmic agents, intravenous (IV) therapy, administration

of specific medications, drugs and solutions, utilization of adjunctive ventilation

devices, trauma care and other techniques and procedures authorized in writing

by the Commissioner.

"Advanced practice nurse" means a person who is validly licensed by the New

Jersey Board of Nursing in accordance with the standards set forth at N.J.S.A.

45:11-45 et seq.

"Advertising" means any information directly or indirectly issued, distributed,

hand-delivered or implied through any medium and utilized for the purpose of

promoting the service of a provider.

"AHA CPR Guidelines" means the "Guidelines 2000 for Cardiopulmonary

Resuscitation and Emergency Cardiovascular Care" as published by the

American Heart Association,

National Center,

7272 Greenville Avenue,

Dallas, TX 75231- 4596

incorporated herein by reference, as amended and supplemented. A copy of the

guidelines is on file and available for inspection at the Office of Emergency

Medical Services.

"Air medical unit" or "AMU" means a specially equipped helicopter that is validly

licensed by the Department and operated in accordance with the standards set

forth at N.J.A.C. 8:41.

"Airplane" means, as defined at 14 C.F.R. 1.1, an engine-driven fixed-wing

aircraft heavier than air, which is supported in flight by the dynamic reaction of

the air against its wings.

"ALS inter-facility transfer" means the transportation of a patient in need of

advanced life support care from one health care facility to another via a specialty

care transport unit or an air medical unit. Mobile intensive care units shall not be

utilized to perform ALS inter-facility transfers.

"AMD Standard" means the standards and amendments thereto published by the

Ambulance Manufacturers Division of the Truck Body and Equipment

Association, as reported by the Federal Specification for the Star-of-Life

Ambulance, KKK-A-1822E, Edition E, June 1, 2002. Copies of the standards may

be obtained from the

General Services Administration

Centralized Mailing List Service (7CAFL)

P.O. Box 6477

Fort Worth, Texas, 76115.

"Automated external defibrillator" or "AED" means a device that can be attached

to a patient in cardiopulmonary arrest, analyze an electrocardiogram for the

presence of potentially lethal dysrhythmias (specifically, ventricular fibrillation and

fast ventricular tachycardia), deliver an electrical defibrillation to the patient in

accordance with the requirements of standard treatment protocols, and produce

an event summary that documents significant events in the utilization of the

device, specifically events prior to and after an electrical defibrillation.

"Available" means ready for immediate utilization (pertaining to equipment,

vehicles and personnel) or immediately accessible (pertaining to records).

"Basic life support" or "BLS" means a basic level of pre-hospital care that

includes patient stabilization, airway clearance and maintenance,

cardiopulmonary resuscitation (CPR) (to the level of the Professional Rescuer or

Health Care Provider as issued by either the American Heart Association, the

American Red Cross, the National Safety Council or other entity determined by

the Department to comply with AHA CPR Guidelines), hemorrhage control, initial

wound care, fracture stabilization, victim extrication and other techniques and

procedures as defined in the United States Department of Transportation

(U.S.D.O.T.) EMT-Basic National Standards Curriculum obtainable from

The National Highway Traffic Safety Administration

400 7th Street S.W.

Washington, D.C., 20590

by accessing their website at www.nhtsa.dot.gov/people/injury/ems

or by calling (888) 327-4236).

"Basic life support ambulance" or "BLS ambulance" means an emergency

medical services vehicle that is validly licensed by the Department and operated

in accordance with the standards set forth in this chapter.

"Basic life support ambulance service" or "BLS ambulance service" means an

entity that is validly licensed by the Department to provide pre-hospital basic life

support care and/or BLS inter-facility transfers.

"BLS inter-facility transfer" means the transportation of a patient not in need of

advanced life support care from one health care facility to another via a basic life

support ambulance.

"Cardiac defibrillation" means the discharge of electrical current through the

fibrillating myocardium for the purpose of restoring a perfusing cardiac rhythm.

"Certified" or "certification" means official documentation that a person has

completed all the requirements of an approved training program and has

demonstrated competence in the subject matter to the satisfaction of the

certifying agency.

"Commissioner" means the Commissioner of the New Jersey Department of

Health and Senior Services.

"Communicable disease" means an illness due to a specific infectious agent or

its toxic products, specifically including, but not limited to, those pathogens

defined in the Federal bloodborne pathogen standards found at 29 C.F.R.

1910.1030(b), and which occurs through transmission of that agent or its toxic

products from a reservoir to a susceptible host.

"Contaminated" means the presence or the reasonably anticipated presence of

blood or other potentially infectious materials on an item or surface.

"Controlled dangerous substance" means a drug, substance or immediate

precursor identified in Schedules I through V of the New Jersey Controlled

Dangerous Substances Act (N.J.S.A. 24:21-5 through 24:21-8.1). The term shall

not include distilled spirits, wine or malt beverages, as those terms are defined or

utilized in N.J.S.A. 33:1-1 et seq., or tobacco and tobacco products.

"Convicted" or "conviction" means a finding of guilt by a judge or jury, a guilty

plea, a plea of nolo contendere or non-vult or entry into a pre-trial intervention

program, or other diversionary program authorized under the statutes of the

State of New Jersey or under any other state's statutes.

"CPR certification" means valid certification in cardiopulmonary resuscitation to

the level of the Professional Rescuer or Health Care Provider as issued by the

American Heart Association, the American Red Cross, the National Safety

Council or other entity determined by the Department to comply with AHA CPR

Guidelines.

"Crashworthy" means that all supplies, equipment, oxygen systems, patient litters

and wheelchairs carried on the vehicle shall remain firmly in place and shall not

present a hazard to any vehicle occupant in the event of an accident or sudden

change in vehicle speed or direction. Crashworthy retention systems shall not

incorporate rubber straps, "shock cords" or Velcro

-type closures. Crashworthy

retention systems for some items are covered by specific Federal standards. The

Department's test for crashworthiness of other retention systems is whether the

item can be removed from place without unlatching or unbuckling the retention

system.

"Crewmember" means any person (including, but not limited to a PAT

Technician, MAV Technician or EMT-Basic) who staffs a mobility assistance

vehicle or basic life support ambulance.

"Crime" means, in accordance with the New Jersey Code of Criminal Justice,

specifically N.J.S.A. 2C:1-4, any offense for which a sentence of imprisonment in

excess of six months is authorized.

"Department" means the New Jersey Department of Health and Senior Services.

"Department-Initiated-Out-of-Service" or "DIOOS" means the immediate removal

from service of a vehicle by Department staff, such that the vehicle may not be

utilized for the provision of any basic and/or advanced life support care. Vehicles

removed from service in this manner shall be identified by the placement of an

official Department "Out-of-Service" sticker on at least one of the vehicle's

windows.

"Disorderly persons offense" or "petty disorderly persons offense" shall have the

same meaning as the definition provided by the New Jersey Code of Criminal

Justice at N.J.S.A. 2C:1-4, incorporated herein by reference, as amended and

supplemented. Generally, such offenses are under the jurisdiction of municipal

courts, carry a maximum jail term of six months or less, and are characterized by

being minor in nature, not giving rise to the rights of trial by jury or indictment by

grand jury. Examples of these offenses include harassment, obstructing a public

passage, and fighting in a public place.

"Emergency" means a person's perceived need for immediate medical care in

order to prevent death or aggravation of physiological or psychological illness or

injury.

"Emergency medical services" or "EMS" means a system for the provision of

emergency care and transportation of persons who are sick or injured and in

need of immediate medical care.

"Emergency Medical Technician-Basic" or "EMT-Basic" means a person trained

in basic life support care and validly certified or recognized by the Commissioner

in accordance with the standards for Emergency Medical Technician-Basic

certification as set forth at N.J.A.C. 8:40A.

"Emergency Medical Technician-Paramedic" or "EMT-Paramedic" means a

person trained in advanced life support care and validly certified or recognized by

the Commissioner in accordance with the standards for Emergency Medical

Technician-Paramedic certification as set forth at N.J.A.C. 8:41A.

"Emergency response" means the provision of pre-hospital basic life support

care by crewmembers staffing a basic life support ambulance, and includes

those services that are provided after a call has been received by a 9-1-1

dispatcher requiring an immediate response (for example, automobile accidents,

mass gatherings, special events and stadium/arena EMS services) as well as

emergent responses to long-term care facilities that may or may not be routed

through a 9-1-1 dispatcher.

"Federal Specification, KKK-A-1822," means the most current specification and

amendments thereto, currently entitled: "Federal Specification for the Star-of-Life

Ambulance KKK-A-1822E," Edition E, June 1, 2002, incorporated herein by

reference, as amended and supplemented. Copies of the standards may be

obtained from the

General Services Administration

Centralized Mailing List Service (7CAFL)

P.O. Box 6477

Forth Worth, Texas 76115

"FMVSS" means Federal Motor Vehicle Safety Standards, as set forth at 49

C.F.R. 571, incorporated herein by reference. Copies of the standards may be

obtained from the Superintendent of Documents, Washington, D.C.

"General hospital" shall have the meaning provided at N.J.A.C. 8:43G-1.3(b) 1,

as amended and supplemented.

"Health care facility" means a facility so defined in the Health Care Facilities

Planning Act, N.J.S.A. 26:2H-1.1 et seq.

"Helicopter" means a heavier-than-air aircraft that depends principally for its

support in flight on the lift generated by one or more rotors.

"Impervious" means not allowing liquids or dirt to penetrate the surface of the

material. For the purposes of this chapter, impervious surfaces do not include

coverings made of or containing carpet, velour or cloth.

"In-service" means the presence of a mobility assistance vehicle or basic life

support ambulance at a sending or receiving health care facility; the picking up,

transporting or discharging of any patient; or any instance where the mobility

assistance vehicle or basic life support ambulance is ready to accept patients

and perform mobility assistance or basic life support care.

"JEMS (Jersey Emergency Medical Services) Communications Plan" means the

authorized communications plan for emergency medical services, as issued by

the Department. Copies of the plan are available, for a fee, from the Office of

Emergency Medical Services.

"License" or "licensed" means validly licensed by the Commissioner in

accordance with the standards for licensure as set forth in this chapter.

"MAV crewmember" means any person identified at N.J.A.C. 8:40-5.3 as being

necessary to meet the minimum personnel requirements for a mobility assistance

vehicle.

"Medical director" means the physician responsible for the medical oversight of

the operations of a basic life support ambulance service that provides emergency

response. The specific criteria required of a medical director are set forth at

N.J.A.C. 8:40-6.15.

"Medical record" means any information and/or reports (including, but not limited

to, patient care reports) that describe a person's physical condition and/or

medical history.

"Mobile intensive care unit" or "MICU" means a specialized emergency medical

services vehicle that is validly licensed by the Department and operated in

accordance with the standards set forth at N.J.A.C. 8:41.

"Mobility assistance vehicle" or "MAV" means a specialized transport vehicle that

is validly licensed by the Department and operated in accordance with the

standards set forth in this chapter.

"Mobility assistance vehicle service" or "MAV service" means an entity that is

validly licensed by the Department to provide non-emergency health care

transportation of sick, infirm or otherwise disabled persons who are under the

care or supervision of a physician or other recognized health care provider and

whose medical condition is not of sufficient magnitude or gravity to require

transportation in a basic life support ambulance, but does require transportation

from place to place for medical care, and whose utilization of an alternate form of

transportation, such as taxicab, bus, other public conveyance or private vehicle,

might create a serious risk to life and health. This service was formerly known as

invalid coach service prior to the enactment of N.J.S.A. 30:4D-3a.

"Mobility assistance vehicle technician" or "MAVT" means an individual who has

successfully completed the requirements of the mobility assistance vehicle

technician's course standards as listed in chapter Appendix B, incorporated

herein by reference, and established by the mobility assistance vehicle

technician course faculty.

"Non volunteer" means a non volunteer basic life support ambulance service.

Includes those agencies that bill patients or insurers for services, hospital-

operated services, proprietary services, municipally-operated ambulance

services, services operated by a paid municipal fire department, services

operated by a paid municipal police department, industrial first aid squads or

State-operated ambulances.

"Office of Emergency Management" means the

Office of Emergency Management of the New Jersey State Police

Division Headquarters

PO Box 7068

West Trenton, New Jersey, 08625

The telephone number for the Office of Emergency Management is (609)

882-2000.

"Office of Emergency Medical Services" or "OEMS" means the Office of

Emergency Medical Services in the

New Jersey Department of Health and Senior Services,

Office of Emergency Medical Services

PO Box 360

Trenton, New Jersey, 08625.

The telephone number for OEMS is (609) 633-7777.

"Passenger assistance techniques" or "PAT" means a training program

developed by the Transportation Management Associates, Fort Worth Texas.

The training program is designed to provide drivers of mobility assistance

vehicles the necessary basic skills to safely and effectively assist and transport

ambulatory and wheelchair bound patients in their care.

"Patient" means any person who is ill or injured, living or deceased and with

whom a crewmember has established physical or verbal contact.

"Patient care report" means the written documentation completed each time a

crewmember makes physical or verbal contact with a patient.

"Pediatric" means the period of time beginning with the 29th day following birth

up to, but not including, a person's thirteenth birthday.

"Petty disorderly persons offense" means an offense as defined at N.J.S.A. 2C:1-

"Physician" means a person who is validly licensed by the New Jersey State

Board of Medical Examiners in accordance with the standards set forth at

N.J.S.A. 45:9-6.

"Physician assistant" means a person who is validly licensed by the New Jersey

State Board of Medical Examiners in accordance with the standards set forth at

N.J.S.A. 45:9-27.13.

"Positive latching mechanism" means a latching mechanism that requires the

manual release of the latching device. This does not include magnetic or friction-

type latches.

"Pre-hospital" means the period of time prior to the delivery of a patient to a

physician or registered nurse at a general hospital or satellite emergency

department.

"Provider" means a mobility assistance vehicle service or basic life support

ambulance service. By virtue of such status, the provider shall assume full legal

responsibility for the delivery of services and shall be held accountable for the

actions of its crewmembers in the event that there are violations of any State or

Federal licensing standards.

"Provider-Initiated-Out-of-Service" or "PIOOS" means the temporary removal

from service of a vehicle by the provider. A provider may choose to remove a

vehicle from service for various reasons including, but not limited to, when the

vehicle is in transit for repairs, when being utilized for official administrative duties

or when being utilized in a parade or similar ceremony. Vehicles removed from

service in this manner shall be identified by the placement of a placard in one of

the vehicle's windows.

"Receiving health care facility" means a general hospital, nursing home,

physician's office, outpatient facility or rehabilitation facility to which a patient is

transferred following evaluation and/or treatment.

"Registered nurse" means a person who is validly licensed by the New Jersey

State Board of Nursing in accordance with the standards set forth at N.J.S.A.

45:11-26.

"Regulated medical waste" means, as defined at N.J.A.C. 7:26-3A.5, those

medical wastes that have been listed or meet the waste characteristic

classification criteria described at N.J.A.C. 7:26-3A.6 and that must be managed

in accordance with the requirements of N.J.A.C. 7:26-3A.

"Revocation" or "revoked" means the permanent voiding, withdrawal and/or

cancellation of a license or certification.

"Satellite emergency department" means a facility that is owned and operated by

a general hospital, which provides emergency care and treatment.

"Specialty care transport unit" or "SCTU" means a specialized transport medical

service vehicle that is validly licensed by the Department and operated in

accordance with the standards set forth at N.J.A.C. 8:41.

"Star of Life" means the symbol described in certification of registration number

1,058,022, which the United States Commissioner of Patents and Trademarks

has issued to the National Highway Traffic Safety Administration.

"Untreated regulated medical waste" means regulated medical waste, as defined

in this subchapter, which has not been treated to substantially reduce or

eliminate its potential for causing disease.

"Valid" or "validly" means original (not a photo copy), current, up-to-date, not

expired, in effect and/or not past the renewal date required by the issuer.

"Vehicle" means a mobility assistance vehicle or basic life support ambulance, as

defined in this subchapter.

"Volunteer ambulance, first aid or rescue squad" means, in accordance with

N.J.S.A. 27:5F-20, an ambulance, first aid or rescue squad that provides

emergency medical services without receiving payment for those services.

Whether the members of a squad provide their services for free or are

compensated by the squad is irrelevant to a squad's volunteer status.

8:40-1.4 Waivers

(a) The Commissioner or his or her designee may grant a waiver of any part of

this chapter if, in his or her opinion, such a waiver would not:

1. Endanger the life of any person;

2. Endanger the public health, safety or welfare; or

3. Adversely affect the provision of mobility assistance or basic life support

care.

(b) A provider or applicant, as applicable, seeking a waiver shall apply, in writing,

to OEMS.

1. The nature of the waiver requested;

2. The specific standards for which a waiver is requested;

3. Reasons for requesting a waiver, including a statement of the type and

degree of hardship that would result if the waiver is not granted;

4. An alternative proposal that would ensure public safety; and

5. Documentation to support the waiver application.

(d) The Department reserves the right to request additional information before

processing an application for waiver.

SUBCHAPTER 2. LICENSURE, INSPECTIONS AND AUDITS

8:40-2.1 Application for licensure

(a) Any person, public or private institution, agency, entity, corporation, general

hospital or business concern seeking to be licensed to operate an MAV or BLS

ambulance service shall:

1. Fully complete an OEMS application for licensure, listing the name(s),

home addresses and telephone numbers of all persons with an ownership

interest in the proposed service. Applications may be obtained from

OEMS at PO Box 360, Trenton, NJ 08625. However, applicants that are

publicly held corporations need only list the person, corporation and/or

entity with the controlling interest and those persons, corporations and/or

entities holding five percent or more of the available shares of the

corporation;

i. Incomplete applications shall not be processed and shall be

returned to the applicant with no action taken. Incomplete

applications may be completed and returned to the Department

within six months from the date on which the application was

returned to the applicant without the requirement of a second

application fee. Once an applicant has been notified that the

application is complete, the applicant shall have six months within

which to request an initial provider audit and vehicle inspections.

Failure to comply with these time frames shall require submission

of a new application and fee;

ii. No application shall be processed if the proposed trade name of

the service duplicates or is essentially similar to a licensed service's

trade name or the proposed trade name of an applicant that has an

application pending before the Department;

2. Provide the Department with the specific street address of the principal

place of business of the proposed service. The principal place of business

shall be located on an actual piece of real property and shall not be a post

office box or mail drop. Applications listing a post office box or mail drop

as the principal place of business shall be rejected;

3. Provide the Department with a copy of the standard operating

procedures (SOP) manual, which addresses all of the areas identified at

N.J.A.C. 8:40- 3.5. No provider shall develop policies that are contrary to

any applicable law, rule and/or regulation;

4. Demonstrate that it maintains crewmember personnel files that meet

the standards set forth at N.J.A.C. 8:40-3.8;

5. Demonstrate that, except as provided in (a)5i below, it shall have at

least one licensable vehicle in each class of service for which it is applying

for licensure;

i. Consistent with N.J.A.C. 8:40-6.15(e)1, an applicant seeking

licensure as a BLS ambulance service providing emergency

response shall demonstrate that it shall have at least two licensable

BLS ambulances, one of which shall be maintained as a back-up

BLS ambulance;

6. Provide the Department with proof that insurance has been purchased

and is in force, as outlined at N.J.A.C. 8:40-3.3;

7. Provide the Department with a signed "Request For Criminal History

Record Information For A Noncriminal Justice Purpose" (SBI 212B Form),

for submission by OEMS to the New Jersey State Police, State Bureau of

Identification. The form shall be accompanied by payment in the form and

amount specified at N.J.A.C. 13:59, as amended and supplemented;

i. A separate form must be submitted for each person with an

ownership interest of five percent or more;

ii. General hospitals and governmental entities (such as

municipalities and State agencies) shall be exempt from this

requirement; and

8. Provide the Department with a copy of valid incorporation papers and a

valid government issued photo I.D. (for example, a passport or a State-

issued driver's license) that can be utilized to verify the applicant's identity.

(b) The ownership of any public or private institution, agency, entity, corporation

or business concern applying for licensure shall be disclosed to the Department

at the time of application. One hundred percent of the company's ownership shall

be disclosed, indicating each entity's address and percentage of ownership.

Proof of ownership shall be made available to Department staff upon demand.

1. Publicly held corporations (that is, corporations whose stock is publicly

traded) shall list the person, corporation and/or entity with the controlling

interest, as well as all persons, corporations and/or entities owning five

percent or more of the shares of the corporation.

fraudulent or untrue. The filing of such false records or documents shall be

sufficient cause for refusal to issue or renew a license and/or revocation of any

existing provider and/or vehicle licenses.

8:40-2.2 Track record review

(a) The Department shall conduct a track record review of each proposed owner

to determine whether the applicant or applicants have a demonstrated capacity

to provide a high quality of care and to operate an MAV and/or BLS ambulance

service in accordance with the rules contained in this chapter.

1. This review shall encompass the previous licensing track record of the

applicant, both in New Jersey and in any other state. This evaluation shall

include all other health care facilities and/or services owned, operated or

managed by the applicant and any such facilities and/or services owned,

operated or managed by any entity affiliated with the applicant.

(b) The Department may refuse to issue a license if the applicant cannot

demonstrate that the equipment, personnel, finances, policies, procedures and

standards of health care are fit and adequate and that there is a reasonable

assurance that the service will be operated in accordance with the standards

required by these rules. In making this determination, the Department may take

into consideration:

1. Conviction of Medicare, Medicaid or insurance fraud (regardless of the

amount of the monetary penalty, term of imprisonment or other penalty

imposed);

2. Conviction of any crime;

3. Conviction of any disorderly persons offense;

4. Conviction of a petty disorderly persons offense involving the

possession, utilization, sale and/or distribution of any controlled dangerous

substance; representing a risk of harm to the health, safety or welfare of

patients; and/or involving patient abuse or patient neglect;

5. Pre-trial Intervention and/or conditional discharge;

6. Revocation of a license or certification as a physician, physician

assistant, registered nurse, advanced practice nurse, EMT-Basic and/or

EMT-Paramedic;

7. Revocation of a license to operate a health care facility or service

(including, but not limited to, a BLS or ALS ambulance, MAV or similar

transport or emergency response service) either in New Jersey or in any

other state;

8. Licensure violations representing serious risk of harm to patients;

and/or

9. The applicant's compliance with the standards of accreditation of any

and all nationally recognized professional or licensing bodies.

8:40-2.3 General licensing information

(a) Upon finding that an applicant has met all of the requirements for licensure as

set forth at N.J.A.C. 8:40-2.1 and 2.2, the Department may issue the applicant a

provider and/or applicable vehicle licenses. The provider license shall be

prominently displayed at the provider's principal place of business. The original

vehicle license shall be affixed to the lower right corner of the window of the rear

(curbside) door of the patient compartment in such a manner that it is readable

from outside the vehicle.

1. In order to facilitate the licensure of a new vehicle in the field,

Department staff may issue a Certificate of Inspection. This Certificate of

Inspection shall be valid for not more than 30 calendar days from the date

of issue, and shall serve as authorization for operation of the vehicle while

the provider is awaiting delivery by OEMS of the computer-generated

vehicle license.

(b) No provider shall be issued a license valid for a period exceeding 24 months.

Providers with trade names beginning with the letters "A" through "L" shall be

issued licenses which shall expire on December 31st of the year that ends in an

even number (for example, December 31, 2002). Applicants with trade names

beginning with the letters "M" through "Z" shall be issued licenses which shall

expire on December 31st of the next year that ends in an odd number (for

example, December 31, 2003).

months. Provider and vehicle licenses, unless sooner suspended, revoked or

otherwise invalidated, shall be renewed prior to the expiration date noted on the

license, contingent upon the provider submitting an application for renewal and

maintaining full compliance with all the requirements contained in this chapter.

No vehicle license shall extend beyond the expiration date of the provider

license.

(d) Provider and vehicle licenses are the property of the Department, and shall

be immediately surrendered to Department staff upon demand. All licenses shall

become immediately null and void and shall be returned to the Department

concurrent with the revocation or surrender of a provider's license or when a

vehicle is sold, becomes unusable, is retired from service or has been in PIOOS

or DIOOS status for six or more consecutive months. Licenses shall not be

assignable or transferable. Rights afforded to a provider under this chapter are

not assignable to any other person, public or private institution, agency, entity,

corporation or business concern.

(e) A provider shall contact the Department to ascertain if new provider and

vehicle licenses are needed prior to making any changes in its scope of services.

8:40-2.4 Exemptions from licensing requirements

(a) In accordance with the provisions of N.J.S.A. 26:2H-2b, this chapter shall not

apply to BLS ambulance services provided by volunteer ambulance, first aid or

rescue squads as defined in the New Jersey Highway Traffic Safety Act of 1987,

N.J.S.A. 27:5F-18 et seq. In accordance with the provisions of N.J.S.A. 30:4D-

6.5, this chapter shall not apply to MAV services provided by volunteer

ambulance, first aid or rescue squads as defined in the New Jersey Highway

Traffic Safety Act of 1987, N.J.S.A. 27:5F-18 et seq.

(b) Any person, public or private institution, agency, entity, corporation or

business concern providing mobility assistance or basic life support care in any

form or manner, where the transport originates within the State of New Jersey,

shall first be licensed by the Department in accordance with the provisions of this

chapter. For the purpose of this paragraph, geographic areas of exclusive

Federal jurisdiction shall not be considered "within the State of New Jersey."

However, the licensing requirements set forth in this chapter shall not apply to

providers that are based in other states and that provide service in New Jersey

when the provider is:

1. Transporting a patient through New Jersey from an out-of-State location

to another out-of-State location;

2. Transporting a patient from an out-of-State location to a New Jersey

location and returning that same patient to an out-of-State location on the

same day; or

3. Transporting a patient on a one-way trip from an out-of-State location to

a New Jersey location.

services operated directly by an agency of the government of the United States.

However, providers holding United States government contracts are not exempt

from licensure unless the provider only provides services within a geographic

area of exclusive Federal jurisdiction (for example, providing emergency

response services within the confines of a United States military base or

transporting a patient from a United States military base hospital to a Veterans

Administration hospital).

8:40-2.5 Licensure and administrative fees

(a) Licensure fees shall be due when the application is filed, and shall be non-

refundable. The application shall be accompanied by a single certified bank

check (for example, a cashier's check) or money order in the correct amount, and

shall be made payable to "Treasurer, State of New Jersey." Personal checks

shall not be accepted.

(b) The fees for licensure as a new provider shall be as follows:

1. MAV service: $1,500 plus $100.00 per licensable vehicle.

2. BLS ambulance service: $1,500 plus $100.00 per licensable vehicle.

3. MAV and BLS ambulance service: $1,500 plus $100.00 per licensable

vehicle.

anytime during the second year of the two-year cycle set forth at N.J.A.C. 8:40-

2.3(b) shall be as follows:

1. MAV service: $1,250 plus $50.00 per licensable vehicle.

2. BLS ambulance service: $1,250 plus $50.00 per licensable vehicle.

3. MAV and BLS ambulance service: $1,250 plus $50.00 per licensable

vehicle.

(d) The fees for licensure of a new vehicle by a provider at any time during the

second year of the two-year cycle set forth at N.J.A.C. 8:40-2.3(b) shall be

$50.00 per vehicle.

(e) The fee for renewal of a provider license shall be as follows:

1. MAV service: $500.00 plus $100.00 per licensable vehicle.

2. BLS ambulance service: $500.00 plus $100.00 per licensable vehicle.

3. MAV and BLS ambulance service: $500.00 plus $100.00 per licensable

vehicle.

(f) License renewal fees shall be due on or before the date on which the license

expires. Applications for renewal submitted after the date on which the license

expires shall be accompanied by a late fee in the amount of $500.00; however,

applications for renewal submitted 10 or more calendar days after the date on

which the license expired shall not be accepted, and the applicant shall be

required to submit an application and the appropriate fee for licensure as a new

provider. In addition, a provider that allows its license to expire shall be subject to

monetary penalties for operation as an unlicensed entity, as provided for at

N.J.A.C. 8:40-7.4(a)2ii.

(g) Any and all proposed changes in ownership interest shall be reported to the

Department at least 30 calendar days prior to the actual change, except that

providers owned by publicly held corporations need only report stock

redistributions of five percent or more.

1. Changes in ownership interest that do not involve a change in the

controlling interest of a provider, or changes in ownership where an

existing owner is assuming the controlling interest, shall be accompanied

by a cashier's check or money order in the amount of $250.00 to cover the

administrative costs associated with updating the provider's file. The check

shall be made payable to "Treasurer, State of New Jersey."

2. All other changes to the controlling interest of a provider shall constitute

a complete change in ownership and shall require the submission of an

application for licensure by the proposed owner, as set forth at N.J.A.C.

8:40-2.1 and 2.2. No services shall be provided until such time as the

applicant has been granted the required provider and vehicle licenses.

3. All licenses shall be immediately void if the controlling interest of a

provider is changed without first notifying the Department and receiving all

necessary provider and/or vehicle licenses.

(h) Once licensed, it shall be the provider's responsibility to notify the Department

of any change of trade name, license plate or vehicle recognition number and to

provide appropriate documentation as may be required by the Department. The

Department shall charge a nonrefundable fee of $250.00 to process a change of

trade name for a provider license where no change of ownership has occurred.

The Department shall charge a nonrefundable fee of $20.00 per vehicle to

process a change of trade name, vehicle license plate or vehicle recognition

number for a vehicle license. Revised vehicle licenses shall be issued only for

the vehicle that bears the exact same manufacturer-issued vehicle identification

number (VIN).

(i) Governmental entities, such as municipalities and State agencies, are exempt

from paying the fees contained in this section, but shall be required to file all

appropriate applications.

8:40-2.6 Vehicle inspections and provider audits

(a) Authorized representatives of the Department may conduct periodic vehicle

inspections and provider audits as necessary to determine compliance with this

chapter.

1. The Department may conduct scheduled inspections of each vehicle at

least once every year.

2. The Department may conduct unscheduled vehicle inspections and/or

provider audits at its discretion.

i. Unscheduled inspections and/or audits may be conducted by an

authorized representative of the Department at any time, at any of

the provider's places of business or at any place a vehicle is

located, provided that patient care is not compromised. Department

staff shall not stop any vehicle when it is traveling on a public

roadway.

(b) The scope of an inspection and/or audit shall be determined by the

representative conducting the inspection and/or audit and may include, but is not

limited to, an examination of all documents and records (including patient

records, certification and training credentials, vehicle insurance card, vehicle

registration card, crewmember driver's licenses, crewmember photo I.D., etc.), a

review of all vehicles and/or equipment, and interviews with crewmembers and

patients.

unhindered access to the provider's premises and vehicles during the course of

such inspections and audits, and shall produce all documents and credentials

requested by Department staff upon demand.

(d) The Department shall notify the provider in writing of the results of any vehicle

inspection and/or provider audit, including any deficiencies found.

SUBCHAPTER 3. GENERAL ADMINISTRATIVE REQUIREMENTS

8:40-3.1 Administrator

(a) Each provider shall have an administrator who shall be responsible for the

day-to-day operation of the service. The administrator may, but need not, be the

owner of the service.

(b) The provider or the administrator shall designate one or more alternates to

act in the administrator's absence.

1. The Department shall be informed of the name and telephone number of the

administrator and his or her alternate within 14 calendar days of appointment or

of any subsequent change.

available for consultation with the Department during normal business hours.

8:40-3.2 Business locations

(a) The provider shall maintain a principal place of business at one location. The

Department shall be informed of the specific location of the principal place of

business and shall be notified 14 calendar days in advance of any change in the

location of the principal place of business.

1. Consistent with N.J.A.C. 8:40-2.1(a)2, the principal place of business

shall be located on an actual piece of real property and shall not be a post

office box or mail drop.

(b) The Department shall also be informed of the location of any satellite offices

and vehicle storage sites maintained by the provider. The Department shall be

notified at least 14 calendar days prior to commencement of business at any

proposed satellite location.

8:40-3.3 Insurance coverage

(a) Prior to initial provider licensure, an applicant shall be required to arrange for

each insurance carrier or agent to submit an official "Certificate of Insurance"

form, issued by an insurance carrier, covering all three types of insurance listed

in (c) below. Each such form shall show that the required insurance has been

purchased and is in force. If the vehicles are insured as "Scheduled Autos," the

Vehicle Identification Number (VIN) of each vehicle shall be listed on the

"Certificate of Insurance" form. The trade name of the provider shall be listed as

an insured. The Department, at its discretion, may require an applicant or

provider, as applicable, to have its insurance carrier or agent submit additional

official "Certificate of Insurance" forms.

1. The provider shall make the Department of Health and Senior Services

a certificate holder of any required insurance policies.

(b) In addition, an applicant or provider, as applicable, shall supply the

Department with the following information prior to initial provider licensure, initial

licensure of each vehicle and upon provider and vehicle relicensure:

1. The name of the insurance company or companies issuing each policy;

2. The name of the policyholder, which shall include the provider's trade

name;

3. All policy numbers;

4. The expiration date of each policy; and

5. The types and limits of coverage for each policy.

outlined in (c)1 through 3 and (d) below, plus such additional insurance as the

provider may deem necessary in order to be eligible to provide services under

this chapter. The provider shall immediately discontinue any and all MAV and/or

BLS ambulance services in the event any portion of the required insurance is

cancelled, expires or otherwise becomes null or void.

1. At least $500,000 per occurrence of combined bodily injury/property

damage coverage for each vehicle;

2. At least $300,000 of single limit coverage of "premises and operations"

type general liability insurance; and

3. At least $300,000 per occurrence coverage of "malpractice" type

professional liability insurance, if operating a BLS ambulance service.

(d) The general liability and malpractice and professional liability insurance

required in (c)2 and 3 above, may be combined in a single policy of at least

$500,000 per occurrence.

(e) Consistent with N.J.S.A. 39:3-29, the driver shall be in possession of the

vehicle insurance card (or it shall be kept in the vehicle at all times so as to be

accessible to the crewmembers). Vehicle insurance cards shall be made

available to Department staff upon demand. In addition, copies of all insurance

policies shall be kept at the provider's principal place of business and made

available to Department staff upon demand.

8:40-3.4 Advertising restrictions

(a) No provider shall advertise or represent that it provides any health care

services other than those services for which it is licensed.

(b) MAV and BLS ambulance services may advertise their services under generic

headings such as "Ambulances" in the Yellow Pages [FN®] and similar

publications. The actual advertisement under such a generic heading shall

clearly advertise only those services for which the provider is licensed.

provider is capable of providing emergency medical services and shall be void of

any word or expression indicating emergency medical services, including, but not

limited to, "Emergency," "9-1-1," or "Emergency Response."

(d) The words "24-hour service," "Immediate Response," "Eliminate Delay" or

similar expressions shall only appear in advertisements for BLS ambulance

services providing emergency response and only if the provider is capable of

providing continuous, around-the-clock answering of telephone requests for

service by a person qualified to:

1. Promptly summon crewmembers (if necessary); and/or

2. Dispatch assistance.

(e) Consistent with N.J.A.C. 17:24-10.3, a BLS provider shall not advertise any

telephone number for emergency response service other than 9-1-1.

(f) The words "Paramedic," "EMT-Paramedic," "Mobile Intensive Care," "Intensive

Care," "MICU," "Critical Care Transport Unit," "CCTU," "Coronary Care," "Special

Care," "Specialty Care," "SCTU," "Specialty Care Transport Unit," "ALS,"

"Advanced Life Support" or abbreviations of such words, shall only appear in

advertisements when the provider is licensed to provide those services.

(g) All advertisements shall include the name under which the provider is

licensed by the Department.

8:40-3.5 Standard operating procedures manual

(a) Each provider shall develop and maintain a written standard operating

procedures (SOP) manual. The SOP manual shall reflect the methods of daily

operation, and shall be consistent with the provisions of this chapter. A copy of

the SOP manual shall be available at each location where a vehicle is garaged,

shall be readily accessible to all crewmembers and shall be made available to

Department staff upon demand.

(b) In addition to addressing the employees' responsibilities under this chapter,

such as cooperating with inspections, the rules governing vehicles placed in

DIOOS status, the possibility of incurring monetary penalties in case of licensure

violations, having training credentials available and performing duties in a

professional manner, the SOP manual shall address sanitation requirements,

maintenance of records (see N.J.A.C. 8:40-3.9), vehicle cleanliness,

communicable disease guidelines, placing patients into physical behavioral

restraints, patient rights, vehicle breakdowns, child and elder abuse reporting

requirements, portable and mobile radio operation and other areas of concern to

the provider or the Department. The SOP manual shall also contain a

nondiscrimination statement, outlining the service's willingness to transport and

treat patients regardless of a person's race, sex, creed, national origin, sexual

preference, age, disability, medical condition (including, but not limited to,

patients with AIDS/HIV, TB, Hepatitis B or other communicable diseases) or

ability to pay. If the service provides emergency response, the SOP manual shall

include, as appendices, copies of the relevant municipality's EMS Annex and the

HAZ-MAT Annex of the State disaster plan. A current copy of these rules

(N.J.A.C. 8:40) shall be included in the SOP manual, but the rules by

themselves, shall not constitute a complete SOP manual.

1. Each provider shall develop a policy to ensure that all patient

information, including patient identifiable data, remains confidential and

private. This policy shall be part of the SOP manual, and shall be provided

to each of the provider's employees. Patient information shall only be

disclosed or released:

i. If the patient, guardian, executor or other legally authorized

person has requested in writing that the information be released to

a specific person, entity or company;

ii. In compliance with a subpoena, judicial order or applicable law,

rule and/or regulation;

iii. To process a claim for insurance, including Medicare or

Medicaid, if authorized by the patient, guardian, executor or other

legally authorized person;

iv. To Department staff in the performance of their duties and/or

while conducting inspection, audit and/or investigation; and

v. To effect the transfer of the patient to another health care

professional receiving the patient.

8:40-3.6 Patient care reports

(a) The provider shall develop a patient care report to be utilized each time a

crewmember makes physical or verbal contact with a patient.

1. A separate patient care report shall be prepared for each patient

transported in the same vehicle. One patient care report, per person shall

be completed. A separate patient care report shall be completed for each

leg of a round trip transport.

2. The patient care report shall be signed by all of the crewmembers.

(b) Each patient care report shall be typed, printed or written in ink and shall

contain the following information:

1. The patient's name, age, sex and home address;

2. A description of the patient's condition at the scene and in transit,

including a description of the patient's chief complaint and at least one set

of vital signs and the time that the vital signs were taken (BLS providers)

or a description of the patient's condition and any observed changes (MAV

providers);

3. A description of care given to the patient at the scene and in transit

(BLS providers) or a description of any care and/or assistance given to the

patient (MAV providers);

4. The time when, and location where, the patient was picked up and was

discharged;

i. For BLS ambulances utilized to provide emergency response,

times when the call was received, when the vehicle was

dispatched, when the vehicle reported going en route to the call,

when the vehicle reported on location, when the vehicle reported en

route to a general hospital and when the vehicle arrived at that

hospital;

5. The vehicle recognition number, date, and full names of each

crewmember and their affiliation (including the identification of any

responding MICU or AMU, if applicable); and

6. For BLS ambulances utilized to provide emergency response, whether

or not emergency warning devices were utilized responding to the scene,

at the scene, or in transit to the receiving health care facility.

report and an attempt shall be made to obtain the signature of the patient (or

guardian) on a "Refusal of Care" statement.

(d) A copy of the patient care report shall be given to an authorized

representative at the receiving health care facility. This shall be done no later

than 24 hours after completion of the call. Additions to the original report shall not

be made once a copy has been delivered to the receiving health care facility,

unless such changes are initialed and dated by the person making the change

and the receiving health care facility is provided with a copy of the changes.

(e) The provider shall keep all patient care reports in accordance with the

provisions for the retention of records set forth at N.J.A.C. 8:40-3.9.

8:40-3.7 Reportable events

(a) Providers shall notify the Department by telephone, followed by written

confirmation on the form provided at Appendix C, of:

1. Any death or injury that occurred to a patient, passenger or

crewmember while being treated, transported or riding in the provider's

vehicle;

2. Any accident reportable pursuant to N.J.S.A. 39:4-129 et seq. in which

one or more of the provider's vehicles is involved, regardless of whether or

not the accident is actually reported to the police as required pursuant to

N.J.S.A. 39:4-129 et seq.;

3. Any event occurring on or within the provider's vehicle(s) or place of

business that results in any damage to patient medical records;

4. Any instance where a crewmember acts outside of his or her approved

scope of practice;

5. Any and all incidents or series of incidents which, upon objective

evaluation, lead to the good faith belief that the conduct is in violation of

any applicable law, rule and/or regulation (including, but not limited to, any

instances of child abuse or neglect, elder abuse, domestic violence and/or

the utilization of physical behavioral restraints); and/or

6. Any PIOOS for a period greater than 30 calendar days.

(b) The initial telephone report shall be made to OEMS during regular business

hours before the end of the next business day following the incident.

C, Reportable Events, incorporated herein by reference, and shall include all

information known to the provider or crewmembers, including the condition of,

and prognosis for, any injured persons, as well as copies of any official reports

(such as a police report) and the provider's estimate of the degree of disruption of

services, as applicable. This confirmation shall be delivered to OEMS no later

than 14 calendar days after the incident.

(d) Department staff shall investigate all reports of unusual occurrences and/or

unlawful or prohibited conduct in a timely manner.

8:40-3.8 Personnel files

(a) A provider shall maintain a personnel file for each crewmember. Each file

shall contain, at a minimum:

1. The name and home address of the crewmember;

2. A copy of the crewmember's valid driver's license;

3. A copy of the crewmember's photo I.D. (a valid photo driver's license

may be utilized);

4. A copy of the crewmember's PAT Technician, MAV Technician or EMT-

Basic certification card, as applicable; and

5. A copy of the crewmember's CPR certification card;

(b) All personnel files shall be maintained at the provider's principal place of

business, shall be maintained in a readily accessible manner and shall be made

available to Department staff upon demand.

fraudulent or untrue. The knowing verification of such false records or documents

shall be sufficient cause for refusal to issue or renew a license and/or revocation

of any existing provider and/or vehicle licenses.

8:40-3.9 Maintenance of records

(a) The provider shall maintain full, complete and accurate records as required by

this chapter. Records shall not be falsified, altered or destroyed. Records may be

stored in a computer format, provided that adequate safeguards are in place to

prevent unauthorized access and tampering, and adequate provisions for back-

up data are in place. These provisions shall be incorporated into the required

SOP manual.

(b) The provider shall keep a copy of each required record, including patient care

reports, at its principal place of business. The records shall be made available to

Department staff upon demand.

patient care reports, for at least 10 years. However, in those instances where a

patient is less than 18 years of age at the time of treatment, the patient medical

records shall be retained and stored until the patient's 23rd birthday or for 10

years, whichever is greater. The provider shall retain and safely store all other

required records for at least five years. In the event the provider ceases

operation for any reason, the provider shall arrange for the safe storage of

required records at a place, and in a manner, that will ensure their safety,

integrity, legibility, and accessibility.

8:40-3.10 Biomedical equipment testing and maintenance

(a) Each provider shall develop and maintain a testing and maintenance

schedule for its biomedical equipment in accordance with the manufacturer's

recommendations or in compliance with Federal standards, whichever is more

frequent. All biomedical equipment and devices shall comply with all applicable

provisions set forth by the Federal Food and Drug Administration for safe care,

utilization and maintenance of medical devices.

(b) For the purposes of this section, biomedical equipment includes, but is not

limited to:

1. Cardiac resuscitators (that is, Thumpers [FN®]);

2. Automated external defibrillator (AED);

3. Pulse oximeters; and

4. Automatic ventilators.

1. Qualified employees of the firm that manufactured the equipment;

2. Qualified employees of a firm approved or authorized by the

manufacturer;

3. Biomedical engineering staff of a general hospital;

4. Biomedical engineering staff of the New Jersey Hospital Association (or

of an affiliate);

5. A recognized independent laboratory; or

6. Crewmembers or other employees of the provider who have been

qualified by the equipment manufacturer to perform such testing and

maintenance.

(d) The requirements of (a) above shall not apply to biomedical equipment that is:

1. In the physical possession of a general hospital or other licensed health

care facility;

2. Is placed in the provider's vehicle for treatment, during transportation, of

that hospital's or facility's patient; and

3. Is operated by that hospital or facility's personnel.

(e) The results of the biomedical equipment tests shall be kept on file at the

provider's principal place of business and shall be made available to Department

staff upon demand.

8:40-3.11 Automated external defibrillator reporting

(a) Each licensed provider shall comply with the manufacturer's equipment

maintenance and testing requirements.

(b) A notation shall be made on the patient care report each and every time a

crewmember applies an AED to a patient.

1. In addition, a crewmember shall make a complete verbal report to the

receiving physician or registered nurse; and

2. A copy of the patient care report shall be filed with the receiving health

care facility no later than 24 hours after completion of the call.

8:40-3.12 Vehicle PIOOS logs

Every licensed provider shall keep a log for each vehicle, specifying PIOOS time,

the cause of the problem and its resolution. Additionally, a provider shall develop

and maintain a program of preventive maintenance for each vehicle.

SUBCHAPTER 4. GENERAL CREWMEMBER, EQUIPMENT AND VEHICLE

REQUIREMENTS

8:40-4.1 Minimum crewmember requirements

(a) Each crewmember who is operating a vehicle shall possess a valid driver's

license, as required by N.J.S.A. 39:3-10. Licenses shall be made available to

Department staff upon demand.

(b) Each crewmember shall:

1. Be at least 18 years old;

2. Wear identification clearly setting forth his or her first and last name and

the name of the provider on whose behalf he or she is providing care; and

3. Dress in clothing, including any outerwear, of a similar uniform

appearance that presents a professional appearance.

level of training, completion of training courses and/or membership in a

professional association or society; however, a crewmember shall not display

identification that indicates a level of training that the crewmember has not

attained.

(d) A crewmember recognized by the Department as a flight nurse, flight medic,

mobile intensive care nurse or first responder shall not wear any patches that

suggest that he or she is in any way licensed or certified by the Department or

OEMS.

(e) Each crewmember shall possess and shall make available to Department

staff upon demand, certification for the type or level of patient care he or she is

providing. No person shall be allowed to provide a type or level of patient care

beyond the level he or she is lawfully eligible to provide in the State of New

Jersey. In addition, each crewmember shall, upon request by Department staff,

produce a photo I.D. that Department staff may utilize in order to verify the

validity of the required certification credentials.

8:40-4.2 Crewmember competency

(a) Each crewmember shall have knowledge of and/or skills in the following:

1. Application, operation, care and removal of the on-board medical

equipment, as well as knowledge of potential in transport complications which

may arise from the utilization of the equipment and the treatment of these

complications;

2. The policies and procedures for the operation of a MAV or BLS

ambulance, as applicable;

3. Safety operations for vehicle accident and incident procedures;

4. All communications equipment;

5. All applicable laws, rules and/or regulations including, but not limited to,

those set forth at N.J.S.A. 26:2K-7 through 20, N.J.S.A. 26:2K-35 through

38 and N.J.A.C. 8:40, 8:40A, 8:41 and 8:41A; and

6. The scope of practice applicable to his or her respective certification

level.

8:40-4.3 Vehicle registration

(a) Each MAV and BLS ambulance shall be registered, maintained and operated

in accordance with N.J.S.A. 39:1-1 et seq. The vehicle registration card shall be

made available to Department staff upon demand.

(b) Vehicles registered as a motor vehicle in New Jersey shall display a valid

motor vehicle inspection decal issued by the New Jersey Motor Vehicle

Commission (NJMVC). The vehicle shall only be utilized to provide service after it

has successfully passed all motor vehicle tests conducted by the NJDMV or an

authorized Reinspection Station. No vehicle shall be utilized to provide services

while it bears a voided, expired or "Rejected" NJMVC sticker.

motor vehicle inspection decal issued in accordance with the requirements of the

state registering the vehicle. The vehicle shall only be utilized to provide service

after it has successfully passed all tests conducted in accordance with the

requirements of the state registering the vehicle.

8:40-4.4 Vehicle safety

(a) The vehicle shall be maintained in a safe operating condition. The vehicle and

all required equipment shall be functional and operable when the MAV or BLS

ambulance is "in-service."

(b) The responsibility for the safe operation of each MAV or BLS ambulance shall

rest with the crewmembers staffing that vehicle.

general public or without adhering to all applicable laws, rules and/or regulations.

No provider shall allow the operation of any vehicle that is patently unsafe to

drive, presents a hazard to personnel and/or bystanders, has not passed New

Jersey Motor Vehicle Commission (NJMVC) inspection or does not display a

valid NJMVC inspection sticker.

(d) No person shall staff or operate, or be allowed to staff or operate, an MAV or

BLS ambulance:

1. After consuming or while under the influence of alcohol, narcotics or

any substance that substantially compromises a person's decision-making

abilities;

2. In a reckless manner;

3. At an excessive rate of speed; or

4. While engaging in any illegal conduct.

(e) The interior of the vehicle shall be designed for the safety of patients and

crewmembers and the patient compartment shall have the following safety

features:

1. There shall be no protruding edges;

2. Exterior corners (corners that point-out) shall be rounded or covered

with a padded material;

3. The ceiling shall be finished with a padded material or with a flat, even

and unbroken surface;

4. The floor shall have a flat, even, unbroken and impervious surface and

shall be covered with a slip resistant material;

5. Any seats with under seat storage shall have a positive latching

mechanism that holds the seat closed;

6. All cabinet doors, except a sliding door, shall have a positive latching

mechanism that shall hold the door securely closed and shall prevent the

contents of the cabinet from pushing the door open from the inside; and

7. All equipment and supplies carried on the vehicle shall be stored in a

crashworthy manner (that is, they shall remain firmly in place and shall not

present a hazard to any vehicle occupant in the event of an accident or

sudden change in vehicle speed or direction). There shall be sufficient

cabinets and other storage spaces within the vehicle so as to meet this

requirement. Crashworthy retention systems shall not incorporate rubber

straps, "shock cords" or Velcro [FN®]-type closures.

8. The bench seats in all vehicles manufactured after July 1, 2002 shall

have a passive barrier at the forward end of the bench.

(f) Automotive safety belts shall be provided for each vehicle occupant (patient,

passenger or crewmember) over eight years of age or under eight years of age

but weighing more than 80 pounds and shall meet all State standards, including

those set forth at N.J.S.A. 39:3-76.2 et seq. Each vehicle occupant shall be

properly restrained either in an automotive safety belt, or, if a passenger is a

patient and it is medically appropriate, and subject to N.J.A.C. 8:40-6.8(d), in a

wheelchair or on a stretcher. All children under eight years of age weighing 80

pounds or less shall be properly restrained in a Federally-approved child restraint

system as provided for at N.J.S.A. 39:3- 76.2a, or, if such a child passenger is a

patient and it is medically appropriate, and subject to N.J.A.C. 8:40-6.8(d) in a

wheelchair or on a stretcher.

1. BLS ambulances not utilized to provide emergency response and MAVs

may, but need not, store the child restraint system on board the vehicle

when the system is not being utilized. If not stored on the vehicle, the

system shall be immediately accessible on the provider's premises.

2. BLS ambulances utilized to provide emergency response shall carry the

child restraint system on board the vehicle at all times.

(g) Signs shall appear in both the patient and driver's compartments that clearly

indicate that smoking is prohibited anywhere in the vehicle.

(h) Each vehicle shall be equipped with the following minimum safety equipment:

1. One flashlight, two D-cell size or larger;

2. One fire extinguisher, U.L. rated at least 2A 10BC or 3A 40BC. The

extinguisher shall have a valid inspection tag indicating that it is fully

charged. The fire extinguisher shall be securely mounted in a bracket on

the wall, floor or ceiling; and

3. Three portable red emergency reflective safety triangles or three

battery-operated flashers. Due to their flammable nature, ground and/or

safety flares of any type shall not be carried on any vehicle.

8:40-4.5 Vehicle sanitation

(a) The interior of the vehicle, including all areas utilized for storage, and the

equipment and supplies within the vehicle, shall be kept clean and sanitary. A

disinfectant shall be routinely applied to all contact surfaces. The floor, walls and

equipment shall be free of stains, dirt, debris, odors and insect infestation.

(b) All interior surfaces shall be covered with stain resistant material that is

impervious to blood, vomitus, grease, oil and common cleaning materials.

pillows and mattresses shall have protective, waterproof and stain resistant

covers.

(d) Clean linens shall be utilized in the transport of stretcher patients. All linens

shall be changed after each patient. Disposable linens may be utilized, so long

as they are disposed of after each patient.

(e) There shall be adequate, clean, dustproof storage for clean linens.

(f) Plastic bags and/or covered containers or compartments shall be provided

and shall be utilized for all soiled supplies (including linens and blankets) carried

within the vehicle.

(g) In order to protect the safety of the general public and emergency response

personnel, after a vehicle has been occupied by or used to transport a patient

known or suspected to have a communicable disease, the vehicle shall, prior to

transportation of another patient, be cleaned and all contact surfaces, equipment

and blankets shall be disinfected according to applicable standards set forth by

the Occupational Safety and Health Administration (OSHA) at 29 C.F.R. §

1910.1030, as amended and supplemented, incorporated herein by reference,

and adopted in New Jersey by the Public Employees Occupational Safety and

Health Act, N.J.S.A. 36:6A-25 et seq., as amended and supplemented,

incorporated herein by reference.

(h) Where possible, only single-service implements shall be inserted into the

patient's nose or mouth. These single-service items shall be wrapped and

properly stored and disposed of after utilization. Non-disposable patient care

equipment shall be decontaminated after each patient utilization in a manner

consistent with the sending or receiving health care facility's requirements for

equipment decontamination. No airway, tube, catheter or other similar device

shall be utilized on more than one patient unless sterilized in accordance with

manufacturer's recommendations.

(i) Exterior surfaces of the vehicle shall be routinely cleaned.

8:40-4.6 Vehicle heater/air conditioner

(a) Each vehicle shall have a functional heater and air conditioner:

1. When the outside temperature is below 65 degrees Fahrenheit, the

heater shall, within 20 minutes after initial engine start up, provide an

inside ambient patient compartment temperature of 68 to 72 degrees

Fahrenheit.

2. The air conditioner shall, within 45 minutes after engine start up,

provide an inside ambient patient compartment temperature of:

i. Sixty-eight to 72 degrees Fahrenheit when the outside

temperature is between 75 and 85 degrees Fahrenheit; and

ii. At least 13 degrees Fahrenheit below the outside temperature

when the outside temperature is over 85 degrees Fahrenheit.

8:40-4.7 Vehicle chassis, body and components

(a) The motor vehicle chassis, body and components shall be standard

commercial products and shall comply with all Federal Motor Vehicle Safety

Standards (FMVSS) and Federal regulations applicable or specified for the year

of manufacture.

(b) The curb weight and payload weight shall not exceed the gross motor vehicle

weight rating as determined by the manufacturer.

shall not be damaged or have excessive tread wear. Radial and non-radial tires

shall not be mixed on the vehicle.

(d) The completed/modified vehicle's center of gravity shall be within the

parameter recommended by the chassis manufacturer.

(e) All seats shall comply with 49 C.F.R. 571.207 (FMVSS No. 207). Automotive

safety belts and anchorages for seats and for occupied wheelchairs shall comply

with 49 C.F.R. 571.208, 209 and 210 (FMVSS Nos. 208, 209 and 210).

(f) All glazing shall comply with 49 C.F.R. 571.205 (FMVSS No. 205).

(g) The provider shall, with the approval of the Department, permanently assign a

unique nonduplicated recognition number to each vehicle. The recognition

number shall consist of at least one, but not more than six, characters. For the

purpose of this paragraph, a character shall mean either an Arabic number, an

Arabic letter, a space or a dash. At least one of the characters in the recognition

number shall be either an Arabic letter or Arabic number.

8:40-4.8 Vehicle carbon monoxide concentrations

(a) In order to minimize the amount of carbon monoxide, noxious gases, diesel

exhaust, fumes and contaminants entering the vehicle:

1. The vehicle exhaust system, as well as the vehicle exterior, doors,

windows and related gaskets shall be in good condition and free of leaks;

and

2. The vehicle exhaust system shall extend beyond the sides of the

vehicle and away from the fuel tank filler pipes and doors.

(b) The vehicle shall not be utilized to transport patients if the exhaust system

has:

1. Loose or leaking joints;

2. Holes, leaking seams, or patches;

3. A tail pipe end that is pinched or damaged; or

4. A tail pipe end that does not extend beyond the edge of the vehicle

body.

8:40-4.9 Pneumatic testing

(a) All respiratory equipment shall be pneumatically tested by the provider at

least once every six months and, if required by the manufacturer, at more

frequent intervals.

(b) Periodic pneumatic testing may be conducted by the provider or by an outside

agency. All tests should be conducted in accordance with the Department's

pneumatic testing guide, entitled "Pneumatic and Oxygen Delivery Testing

Standards." Copies of the guide are available for a fee from OEMS.

principal place of business.

(d) At the discretion of the Department, pneumatic testing conducted by

approved outside agencies may be accepted for the purpose of vehicle licensure.

(e) Pneumatic testing shall be a part of any annual or biennial inspection for the

purpose of licensure of a vehicle, and shall be performed prior to the initial

licensure of any vehicle. Pneumatic testing may also be a part of any inspection,

at the discretion of Department staff.

8:40-4.10 Physical behavioral restraints

(a) Patients shall not be placed and/or transported in physical behavioral

restraints unless:

1. A physician or court has authorized the placement of the restraints;

2. The patient is in the custody of a law enforcement officer; or

3. The medical condition of the patient mandates transportation to, and

treatment at, a health care facility, and the patient manifests such a

degree of behavior that he or she:

i. Poses serious physical danger to himself or herself or to others;

ii. Causes serious disruption to ongoing medical treatment that is

necessary to sustain his or her life or to prevent disability.

(b) A patient placed in physical behavioral restraints shall not remain restrained

for a period greater than one hour unless:

1. A physician or court has authorized the utilization of the restraints for

longer than one hour; or

2. The patient is personally accompanied by a law enforcement officer.

that causes undue physical discomfort, harm or pain to a patient. Hard restraints,

such as handcuffs, are specifically prohibited unless the law enforcement officer

who applied the hard restraints or handcuffs personally accompanies the patient.

A patient placed in any type of restraint shall be closely monitored to ensure that

his or her airway is not compromised in any way. In no circumstance shall a

patient be placed prone (that is, face-down) on a stretcher while in restraints.

(d) The rationale for placing and/or transporting a patient in physical behavioral

restraints, and the type of restraints utilized, shall be clearly stated in the patient

care report.

8:40-4.11 Personal safety

(a) If a crewmember reasonably believes that his or her personal safety is in

jeopardy, the crewmember should retreat from the scene and call for police

assistance. A crewmember should return to the scene in order to assess and

treat the patient only when the scene has been secured. Such retreat shall not be

considered patient abandonment unless the crewmembers leave the scene

and/or advise the dispatch center that they are available for other calls.

(b) Crewmembers shall not wear or carry any weapons or explosives while on

duty. For the purpose of this chapter, the terms "weapons" and "explosives"

include not only offensive weapons, but also defensive weapons such as stun

guns, stun batons, air tasers, pepper spray, mace defensive spray and/or

telescopic steel batons.

8:40-4.12 Guide dogs

In accordance with the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1

et seq., seeing-eye dogs, service dogs, hearing ear dogs, companion dogs

and/or guide dogs trained by a recognized agency or school to assist a blind,

handicapped or hearing impaired person shall be permitted on any MAV or BLS

ambulance where their presence is necessary to perform the duties for which

they are trained.

SUBCHAPTER 5. SPECIFIC MOBILITY ASSISTANCE VEHICLE SERVICE

REQUIREMENTS

8:40-5.1 Scope and purpose

(a) These rules shall apply to any person, public or private institution, agency,

entity, corporation and/or business concern that operates, or seeks to operate, a

mobility assistance vehicle service within the State of New Jersey. These rules

serve to define the operational requirements of such a service, to provide for a

uniform application of standards, and to specify the personnel, equipment,

organization and other resources required to successfully operate the service.

(b) No person, public or private institution, agency, entity, corporation or business

concern shall provide MAV services in any form or manner or utilize any vehicle

as an MAV within the State of New Jersey until licensed by the Department.

8:40-5.2 Patient restrictions

(a) When "in-service," an MAV may be utilized to provide non-emergency health

care transportation to sick, infirm or otherwise disabled persons:

1. Who are under the care or supervision of a physician or other

recognized health care provider;

2. Whose medical condition is not of sufficient magnitude or gravity to

require transportation in a BLS ambulance, but does require transportation

from place to place for medical care; and

3. Whose utilization of an alternate form of transportation, such as taxicab,

bus, other public conveyance or private vehicle might create a serious risk

to life and health. This shall include those persons who are either

ambulatory or wheelchair-bound.

(b) An MAV shall not be utilized to provide transportation to persons who, based

upon current medical condition or past medical history, require:

1. Transportation in a prone or supine position (including persons that are

bed-or stretcher-bound);

2. Constant attendance due to a medical and/or mental condition;

3. Aspiration or suctioning;

4. Management or observation of intravenous fluids and/or intravenous

medications unless:

i. The device is totally self-sufficient, including medication supply

and patient interface devices;

ii. The device requires no interaction or intervention by MAV

crewmembers; and

iii. The device is of the type approved by the FDA for home

administration of medications;

5. An automatic ventilator or whose breathing is ventilator assisted unless:

i. The device is totally self-sufficient (including gas supply and

power source);

ii. The device requires no monitoring or interaction by MAV

crewmembers; and

iii. The device is of the type approved for home utilization on

patients;

6. Pre-hospital basic or advanced life support emergency medical care;

7. A BLS or ALS inter-facility transfer;

8. Treatment in the emergency department of a general hospital (for other

than a set appointment or routine non-emergency follow-up care of a

previously diagnosed condition);

9. Treatment in, or admission to, the obstetrical unit (labor and delivery

suite) or the Intensive and/or coronary care unit of a general hospital; or

10. Transportation in physical behavioral restraints.

portable supply routinely utilized by the patient may be transported in an MAV

without the presence of an EMT-Basic, provided that there is no need for the

MAV crewmember to monitor, regulate or control the oxygen system.

(d) An MAV shall not carry more than nine passengers at any given time.

(e) An MAV shall not be utilized as a BLS ambulance.

(f) When not "in-service," an MAV may be utilized to provide non-health care

services.

8:40-5.3 Required crewmembers

(a) When "in-service," each MAV shall be staffed by at least one crewmember

who meets the requirements of N.J.A.C. 8:40-4.1. A second crewmember, also

meeting the same requirements, shall be required at the time the patient(s) is/are

loaded or unloaded, if a patient in a wheelchair is to be moved up or down five or

more steps or if a patient in a wheelchair weighs 200 or more pounds and is to

be moved up or down two or more steps. The second crewmember need not be

present at other times.

(b) If oxygen administration devices are not carried in the vehicle, the required

MAV crewmembers shall possess and shall make available to Department staff

upon demand:

1. A CPR certification card. Providers that routinely transport patients

under eight years of age shall ensure that their MAV crewmembers have

successfully completed the requirements for, and hold certification in,

Pediatric Basic Life Support to the standards of the American Heart

Association; and

2. A valid PAT (Passenger Assistance Techniques) Technician

certification card issued by Transportation Management Associates, Fort

Worth, Texas, or a valid certification card indicating completion of a course

that is similar in content and curriculum that has been approved by the

Department, consistent with the minimum program standards and course

objectives set forth in chapter Appendix B; or a valid MAV (Mobility

Assistance Vehicle) Technician certification card issued by Medical

Transportation Association of New Jersey, or a valid certification card

indicating completion of a course that is similar in content and curriculum

that has been approved by the Department, consistent with the minimum

program standards and course objectives set forth in chapter Appendix B.

instances where the patient supplies such devices, the crewmember shall

possess both EMT-Basic and CPR certifications.

8:40-5.4 Crewmember duties

(a) The collective duties of the crewmembers staffing an MAV shall include, but

are not limited to:

1. Assuring that all required and necessary equipment and supplies are

onboard the vehicle and in working order prior to departure;

2. Operating the vehicle in a safe manner, starting and stopping the

vehicle slowly and smoothly and complying with all applicable motor

vehicle laws, rules and/or regulations;

3. Providing the patient with prompt, effective and appropriate care;

4. Assisting the patient to enter into and/or exit from the vehicle;

5. Supervising the well being of the patient and ensuring the patient's

privacy and comfort;

6. Assuring that all vehicle occupants (patients, passengers and

crewmembers) are properly restrained in accordance with N.J.A.C. 8:40-

4.4(f);

7. Assuring that all wheelchairs are properly restrained in the required

restraints and that all wheelchair patients are restrained in the wheelchair

in accordance with N.J.A.C. 8:40-5.6(c). Wheelchair patients are to be

restrained with a seatbelt until the patient is transferred from the

wheelchair at the patient's destination;

8. Prohibiting smoking within the vehicle at all times;

9. Completing the patient care report; and

10. Reporting verbally to the appropriate personnel when the patient is

delivered to the receiving health care facility or other place of medical

care.

8:40-5.5 Oxygen administration

(a) Oxygen administration devices may, but need not, be carried on an MAV. If

carried, except in those instances where the patient supplies such devices, the

MAV shall be staffed with at least one EMT-Basic, and the oxygen and related

equipment shall meet the standards set forth at N.J.A.C. 8:40-6.6.

(b) Each vehicle shall have a pocket-mask device, CPR mask with a one-way

valve or some other approved barrier protection device for utilization in the event

that CPR is performed on a patient.

8:40-5.6 Patient transport devices

(a) Stretchers and/or patient litters shall not be carried on, or within, any MAV.

(b) There shall be a four-point forward facing wheelchair restraint system to

secure and immobilize each occupied wheelchair transported in the vehicle.

Vehicles first licensed after February 17, 1998 shall be equipped only with

forward-facing wheelchair systems and patient seats. Vehicles first licensed on or

before February 17, 1998 shall continue to be licensed with their configuration as

of February 17, 1998.

1. The wheelchair restraint system shall secure and immobilize the frame

of the wheelchair in a crashworthy manner and so that movement of the

occupied wheelchair does not exceed one inch in any direction. The

restraint system shall not be attached to the wheels of the wheelchair.

wheelchair in a configuration similar to an automotive safety belt. Velcro [FN®]-

type closures shall not be utilized. The seatbelt shall attach only to the

wheelchair, not to the vehicle, and shall not be part of the wheelchair restraint

system. The seatbelt shall be properly secured on the patient whenever the

patient is in the wheelchair and under the care of the crewmembers, including

moving the patient in and out of the vehicle, and transferring the patient to his or

her destination.

8:40-5.7 Ramps and lifts

(a) There shall be an operable ramp or fully automatic lift for the safe entry and

exit of occupied standard size wheelchairs. The ramp or lift shall be permanently

fastened to the vehicle and be capable of accommodating a load of at least 500

pounds. When the vehicle is in transit, the ramp or lift shall be secured in a

crashworthy manner and shall be positioned so as not to obstruct both of the

patient compartment exterior doorways.

(b) The ramp or lift shall have a slip resistant surface, be structurally sound, free

from defects and provide a rigid interlocking surface when being utilized.

for its operation, shall be capable of manual operation by an unassisted person

or there shall be a manually operated backup device. The manual backup device

shall be capable of both lifting and lowering the patient and shall perform either

function within five minutes.

8:40-5.8 Patient compartment requirements and dimensions

(a) Each vehicle utilized as an MAV shall have a patient compartment. There

need not be a partition between the driver's seating area and the patient

compartment.

(b) The patient compartment shall have the following dimensions:

1. Height: At least 58 inches between the floor and the ceiling, when

measured above each wheelchair restraint position;

2. Width: At least 56 inches between the vehicle interior sides when

measured at any point 42 inches above the floor. (The width of cabinets,

etc. shall be included when measurements are made.) When "in-service"

and transporting a wheelchair bound patient, all aisles shall be maintained

at a width of at least 30 inches; and

3. Length: At least 92 inches between the interior surface of the rear door

and the rear surface of the driver's seat or, if present, the surface of any

bulkhead or partition, if three or four wheelchair positions are present. At

least 82 inches between the interior surface of the rear door and the rear

surface of the driver's seat or, if present, the surface of any bulkhead or

partition, if one or two wheelchair positions are present.

1. The two doorways shall not be adjacent to each other. Permissible

configurations shall include one doorway on the passenger (or curb) side

of the vehicle within the front half of the body of the vehicle, and the

second doorway either at the rear of the vehicle, or on the driver's side of

the vehicle, opposite the curbside door.

2. Each doorway opening shall be at least 28 inches wide and at least one

doorway shall be at least 56 inches high in order to accommodate the

required lift or ramp.

3. At least one patient compartment doorway shall be available for

utilization as an emergency exit at all times. Access to patient

compartment doorways shall not be obstructed by any immovable objects,

except as permitted at N.J.A.C. 8:40-5.7(a).

4. The doors to each patient compartment doorway shall be capable of

being opened and utilized from both inside the patient compartment and

from the exterior of the vehicle, using a standard automotive industry door

handle.

5. There shall be a window in each door of the patient compartment. Rear

windows shall be fixed and non-opening.

(d) The patient compartment shall be equipped with a built-in lighting system.

The lighting system shall utilize white or clear lenses. The lighting shall not

interfere with the driver's vision and shall be located so that glare is not reflected

into the driver's eyes or line of vision.

(e) Vehicles first licensed after February 17, 1998 shall be equipped with an

integral roll cage or roll bar that is secured to the floor of the vehicle, or is

otherwise certified by the manufacturer to provide occupant protection in the

event of a rollover type collision.

(f) Once a vehicle is licensed by the Department, there shall be no further

changes to the vehicle's interior configuration unless and until such changes

have been approved, in writing, by OEMS.

(g) Each vehicle shall meet all applicable requirements set forth in the Americans

with Disabilities Act of 1990 (42 U.S.C. § 12101) and any current companion

regulations as may be set forth in the Code of Federal Regulations.

8:40-5.9 Vehicle markings and emergency warning devices

(a) Each MAV shall bear the following markings:

1. The trade name (as it appears on the vehicle license) shall be visible on

the two exterior sides of the vehicle in a size not less than four inches

high;

2. The vehicle recognition number shall be visible on the rear and the two

exterior sides of the vehicle in a size not less than three inches high; and

3. The International Symbol of Access for the Handicapped (that is, the

outline form of a person in a wheelchair) shall be visible on the rear and

the two sides of the vehicle in a size not less than eight inches high.

(b) The required markings shall appear in colors and shades that contrast with

the background on which they appear so that they are clearly visible.

shall not appear on any MAV:

1. Symbols consisting of or resembling the "Star of Life," a Greek cross or

a Maltese cross, or any symbol implying provision of advanced life support

care; and/or

2. Words, or abbreviations of words, such as (but not limited to)

"Advanced Life Support," "Basic Life Support," "Coronary Care," "Critical

Care Transport Unit," "Emergency Medical Technician," "Intensive Care,"

"MICU," "Mobile Intensive Care," "Paramedic," "Special Care," "Specialty

Care," "Specialty Care Transport Unit" or "Trauma."

(d) The words "Ambulance" or "Emergency" or an abbreviation of either word

shall only appear when the word is part of the lawfully incorporated name of the

provider.

(e) No MAV shall be equipped with, or appear to be equipped with, audible or

visible emergency vehicle warning devices, including, but not limited to, red lights

and sirens. Only authorized emergency vehicles as defined at N.J.S.A. 39:1-1

and N.J.A.C. 13:24-1.1 may be equipped with emergency vehicle warning

devices.

8:40-5.10 Two-way communications

(a) Each MAV shall have at least one form of two-way communications.

However, no MAV shall be equipped with a JEMS radio.

(b) The following radio frequencies shall not be utilized in two-way

communications to, or from, an MAV:

1. Any of the UHF radio frequencies known as "Med 1" through "Med 10"

and "MED A" through "MED X";

2. Any of the VHF radio frequencies listed in Appendix A of this chapter,

incorporated herein by reference; and/or

3. Any of the following radio frequencies: 155.280 MHz, 155.340 MHz,

153.785 MHz.

Communications Commission (FCC) rules and regulations. The Department shall

be provided with a copy of any FCC license(s) issued to the provider.

(d) No provider shall engage in any communications activity that causes harmful

interference with the EMS communications system. For the purpose of this

section, harmful interference is defined as:

1. A complaint found by OEMS to be valid of radio interference from a

service provider operating in accordance with the JEMS Communications

Plan; and/or

2. A finding by the Department or the FCC that the provider's

communications are causing harmful interference.

SUBCHAPTER 6. SPECIFIC BASIC LIFE SUPPORT AMBULANCE SERVICE

REQUIREMENTS

8:40-6.1 Scope and purpose

(a) These rules shall apply to any person, public or private institution, agency,

entity, corporation and/or business concern that operates, or seeks to operate, a

BLS ambulance service within the State of New Jersey. These rules serve to

define the operational requirements of such a service, to provide for a uniform

application of standards, and to specify the personnel, equipment, organization

and other resources required to successfully operate the service.

(b) No person, public or private institution, agency, entity, corporation or business

concern shall provide BLS ambulance services in any form or manner or utilize

any vehicle as a BLS ambulance within the State of New Jersey unless licensed

by the Department.

8:40-6.2 Patient restrictions

(a) When "in-service," a BLS ambulance may be utilized to provide pre-hospital

basic life support emergency medical care, or non-emergency medical care and

transportation (including BLS inter-facility transfers) to sick, infirm or otherwise

disabled persons who are under the care or supervision of a physician or other

recognized health care provider. This shall include those persons who require:

1. Transportation in a prone or supine position;

2. Constant attendance due to a medical and/or mental condition;

3. Aspiration or suctioning;

4. Emergency medical services or other medical services, including, but

not limited to, BLS inter-facility transfers;

5. Treatment in the emergency department of a general hospital;

6. Treatment in, or admission to, the obstetrical unit (labor and delivery

suite) or the Intensive and/or coronary care unit of a general hospital; or

7. Transportation in physical behavioral restraints.

(b) When "in-service," a BLS ambulance shall not be utilized to provide ALS

inter-facility transfers or pre-hospital advanced life support emergency medical

care.

SCTU or MICU, provided that the vehicle is licensed, staffed and equipped in

accordance with the standards for an SCTU or MICU, as applicable, as set forth

at N.J.A.C. 8:41.

8:40-6.3 Required crewmembers

(a) When "in-service," each BLS ambulance shall be staffed with a minimum of

two EMT-Basics.

1. A provisionally certified EMT-Basic, as identified at N.J.A.C. 8:40A-7.4,

may serve as a third crewmember, but shall not be utilized to meet the

minimum crewmember requirements set forth in (a) above.

8:40-6.4 Crewmember duties

(a) The collective duties of the crewmembers staffing a BLS ambulance shall

include, but are not limited to:

1. Assuring that all required and necessary equipment and supplies are

onboard the vehicle and in working order prior to departure;

2. Operating the vehicle in a safe manner, starting and stopping the

vehicle slowly and smoothly and complying with all applicable motor

vehicle laws, rules and/or regulations;

3. Providing the patient with prompt, effective and appropriate medical

care;

4. If necessary, extricating the patient from confinement;

5. Loading and unloading the patient from the vehicle;

6. Assuring that the patient is attended to by at least one crewmember at

all times;

7. Continually monitoring the patient's condition and equipment;

8. For seriously ill or injured patients, notifying the receiving health care

facility prior to arrival that special professional services and/or assistance

will be needed;

9. Complying with all applicable laws, rules and/or regulations pertaining

to universal precautions, body substance isolation procedures and the

handling of the deceased;

10. Supervising the well being of the patient and ensuring the patient's

privacy and comfort;

11. Assuring that all vehicle occupants (patients, passengers and

crewmembers) are properly restrained in accordance with N.J.A.C. 8:40-

4.4(f). The crewmembers need not wear an automotive safety belt when

providing essential life support such as CPR;

12. Assuring that all equipment and patient transport devices are safely

and properly stored and/or restrained in a crashworthy manner;

13. Completing the patient care report;

14. Reporting verbally and leaving a complete copy of the patient care

report with the appropriate personnel when the patient is delivered to the

receiving health care facility; and

15. Prohibiting smoking within the vehicle at all times.

8:40-6.5 Basic equipment and supplies

(a) When "in-service," each BLS ambulance shall be equipped with the following

equipment and supplies:

1. A diaphragm-type stethoscope;

2. An aneroid-type blood pressure manometer and one each adult size

cuff, obese adult size cuff and pediatric size cuff;

3. At least four oropharyngeal airways, consisting of one each in large

adult, adult, pediatric and infant sizes;

4. Two fluid ounces of glucose in a form easily ingested by mouth;

5. Two cloth blankets and two cloth or disposable sheets at least 60

inches by 80 inches in size;

6. Two penlights suitable for patient examination;

7. Two sets of eye protection or goggles, in addition to any set utilized in

the obstetrical emergency delivery kit;

8. Four towels;

9. At least four red "biohazard" type bags utilized for disposal of untreated

regulated medical waste. The "biohazard" bags shall meet the

requirements set forth at N.J.A.C. 7:26-3A.11 and shall only be utilized for

untreated regulated medical waste materials and shall be disposed of after

utilization in accordance with all applicable laws, rules and/or regulations;

10. Respiratory protection masks that are effective in filtering airborne

pathogens and at least one box of single-use personal protective gloves

that do not allow blood or other potentially infectious materials to pass

through. Gloves and masks shall meet the standards for personal

protective equipment set forth at 29 C.F.R. 1910.1030, incorporated

herein by reference, and shall be disposed of after utilization in

accordance with all applicable laws, rules and/or regulations;

11. Two sets of personal protective isolation garments, including gowns

and masks;

12. Wound dressing and burn treatment supplies, to include:

i. Twelve conforming roller bandages measuring at least three

inches wide by five yards long;

ii. Twelve triangular bandages (cravats) measuring at least 36

inches by 36 inches by 51 inches when unfolded;

iii. Four sterile, individually wrapped universal (or multi-trauma)

dressings measuring at least nine inches by 30 inches when

unfolded;

iv. Twenty-four sterile, individually wrapped gauze pads measuring

at least four inches by four inches;

v. Two rolls of medical adhesive type tape;

vi. Four sterile, individually wrapped occlusive dressings or one

sterilized roll of aluminum foil;

vii. Two sterile, individually wrapped burn sheets;

viii. One liter sterile saline solution in a plastic container (for flushing

injury sites). Saline solution shall be fresh (not expired); and

ix. Trauma or bandage scissors; and

13. A sterile obstetrical emergency delivery kit. The items may be

individually wrapped or be contained in a "pack." Any pack shall have an

exterior itemized list of contents. The kit shall contain the following items:

i. Four towels;

ii. Twelve sterile gauze compresses measuring four inches by four

inches;

iii. Four sterile umbilical cord clamps;

iv. One sterile bulb syringe made of soft rubber (for newborn

aspiration);

v. One receiving blanket;

vi. One pair of sterile scissors or a sterile scalpel;

vii. At least one set of eye protection or goggles; and

viii. Four pairs of sterile surgical gloves.

(b) A current copy of the Department's "Pediatric Assessment" chart shall be

posted in the patient compartment of each BLS ambulance. Copies of the chart

are available from OEMS.

chapter, be equipped with such other equipment and supplies as the provider

deems necessary for the provision of BLS treatment, provided that no equipment

or supplies shall be carried that would permit an EMT-Basic to render care

beyond his or her scope of practice (for example, rendering advanced life support

care) and/or in violation of the New Jersey Medical Practice Act, N.J.S.A. 45:9-1

et seq.

(d) To the extent possible, all providers should attempt to equip their vehicles

with latex-free equipment and supplies in order to accommodate those patients

that may have latex allergies.

(e) Expended supplies and/or damaged equipment shall be replaced as soon as

possible after utilization. Equipment may be temporarily left on/with a patient,

when medically necessary.

(f) Any supplies that have sterility or expiration dates shall not be carried after the

date the manufacturer or processor has affixed as the expiration date for the

item.

(g) Supplies stored in cabinets shall either be clearly visible through the door of

the cabinet or identifiable by a way of a list of contents posted on that cabinet.

8:40-6.6 Oxygen administration

(a) Each BLS ambulance shall be equipped with both an installed and a portable

oxygen system, as well as one reserve oxygen cylinder with a capacity of at least

300 liters.

1. Each oxygen system shall be capable of delivering oxygen to a patient

at a rate of at least 15 liters per minute during the entire time the patient is

aboard the vehicle.

2. Each oxygen system shall have an oxygen flowmeter. Each flowmeter

shall have a gauge or dial with a range of at least 0 to 15 liters per minute

(lpm) in calibrated increments. The flowmeter on the portable system shall

not be gravity dependent. Flowmeters shall be accurate to within 1.0 lpm

when at a setting equal to or less than 5.0 lpm, 1.5 lpm when at a setting

between 6.0 lpm and 10 lpm and within 2.0 lpm when at a setting equal to

or greater than 11 lpm. Non-dial-type flowmeters shall take at least one full

turn to go from 0 to 15 lpm. Indicators on dial-type flowmeters shall be

securely seated at each flow rate position.

3. Each oxygen cylinder shall:

i. Contain only medical grade oxygen;

ii. Be color-coded green;

iii. Be contained in a U.S. Department of Transportation

(U.S.D.O.T.) approved cylinder that has a valid hydrostatic testing

date on it, in accordance with U.S.D.O.T. regulations; and

iv. Be tagged ("Full," "In Use," "Empty") or have a pressure

indicating gauge attached to the cylinder.

4. The installed oxygen system shall be capable of safely storing and

supplying a minimum of 3,000 liters of medical oxygen. The oxygen

cylinder controls shall be accessible from inside the vehicle. Cylinder

opening handles or wrenches shall be affixed to, or shall be chained and

clipped with, the oxygen cylinder. Any oxygen piping and/or hose shall be

nonferrous and shall be suitable for medical oxygen. All installed oxygen

cylinders shall be retained in an oxygen tank holder certified by the

manufacturer to comply with AMD Standard 003-Oxygen Tank Retention

System.

5. The portable oxygen system shall be capable of safely storing and

supplying 300 liters of medical oxygen. Cylinder opening handles or

wrenches shall be chained to the regulator or affixed to the cylinder. All

oxygen storage arrangements shall comply with applicable provisions of

Federal Specifications for Ambulances, KKK-A-1822, "Portable Oxygen

Unit."

6. Consistent with N.J.A.C. 8:40-4.4(d)7, the portable oxygen system,

reserve oxygen cylinder and any portable positive pressure flow-restricted

oxygen-powered ventilation devices (FROPVDs) shall be stored in a

crashworthy manner.

(b) Each BLS ambulance shall be equipped with at least one each adult, pediatric

and infant sized bag-valve-mask devices.

1. Each bag-valve-mask device shall:

i. Have a self-refilling bag without sponge rubber inside;

ii. The mask shall be constructed of clear material, shall be clean

and free of contamination and leaks, shall have an oxygen supply

(reservoir) system and shall be capable of providing adequate

resuscitation pressures. Bag-valve-mask devices for adult patients

shall be capable of deflating/refilling at least 20 times per minute at

room temperature and shall have a minimum volume of 1,600 mL.

Bag-valve-mask devices for pediatric patients shall be capable of

deflating/refilling at least 30 times per minute at room temperature

and shall have a minimum volume of 1,000 mL. Bag-valve-mask

devices for infant patients shall be capable of deflating/refilling at

least 40 times per minute at room temperature and shall have a

minimum volume of 450 mL;

iii. Any bag-valve-mask device that has a "pop off" valve shall have

a device to easily defeat the valve; and

iv. Be equipped with a true non-rebreathing valve and have 15/22

mm fittings.

resuscitation facemasks (one each in large adult, medium adult and pediatric

size) with 22 mm fittings for utilization with the bag-valve-mask device and/or

positive pressure flow-restricted oxygen-powered ventilation devices (FROPVD).

1. There shall be at least three clear adult size non-rebreathing valve

inhalation masks with an oxygen reservoir of the single service type as

approved for pre-hospital utilization and two single service cannulas. If

oxygen humidifiers (or nebulizers) are utilized, a new, unused single

service humidifier (or nebulizer) shall be utilized for each patient.

(d) A BLS ambulance may, but need not, carry an installed and/or portable

positive pressure FROPVD. If carried, the positive pressure FROPVD shall

provide 100 percent oxygen, have an instantaneous flow rate between 35 and 45

liters per minute, deliver an inspiratory pressure between 55 and 65 cm water

pressure and have standard 15/22 mm fittings.

8:40-6.7 Aspirator/suction equipment

(a) Each BLS ambulance shall be equipped with both an installed and a portable

aspirator.

1. Each aspirator shall be equipped with a non-breakable collection bottle

and at least three feet of transparent or translucent non-collapsible suction

tubing with an interior bore of at least one-quarter inch. Three-eighths of

an inch bore is recommended. There shall be at least one Yankauer-type

suction instrument and at least eight suction catheters for each aspirator,

in not less than four assorted adult and pediatric sizes. At least one

catheter shall be a size "8" and one shall be a size "18." An infant bulb

syringe, in addition to the one carried in the obstetrical kit, shall also be

carried.

2. The installed aspirator shall be powered by the vehicle's electrical

system and shall be securely mounted and located so as to allow easy

access for aspiration of any stretcher bound patient. The aspirator shall

provide a flow rate of at least 30 liters per minute at the end of the suction

tube and a vacuum pressure of at least 300 mmHg within four seconds

and a maximum vacuum pressure of at least 400 mmHg during the entire

normal range of vehicle operation.

3. The portable aspirator shall be powered by an integral battery. The

aspirator shall provide a flow rate of at least 25 liters per minute at the end

of the suction tube and a vacuum pressure of at least 300 mmHg within

four seconds and a maximum vacuum pressure of at least 400 mmHg for

at least 20 minutes. BLS ambulances that utilize aspirators that are

batteries to permit the device to operate continuously and, in accordance

with Federal Specifications for Ambulances, KKK-A-1822 “Portable

Suction Aspirator," to meet the flow and vacuum pressure requirements

for at least 20 minutes.

8:40-6.8 Patient transport devices

(a) Each BLS ambulance shall be equipped with:

1. A wheeled patient litter for the transport of stretcher-bound patients.

The litter shall be at least 72 inches long (when flat) and at least 20 inches

wide. The litter shall have a commercially manufactured stretcher

mattress. The litter and mattress shall be adjustable from a flat to a semi-

sitting position. The litter shall be adjustable from a minimum height of

nine to 18 inches to a maximum height of 33 to 40 inches measured to the

top of the mattress. There shall be clean linens on the litter;

2. A portable stretcher for the safe transport of stretcher-bound patients up

and down flights of stairs. The stretcher may be of the Reeves

type,

folding type or of the combination stretcher/stair-chair type. Reeves

-type

stretchers are required on BLS ambulances utilized to provide emergency

response; and

3. A portable stair-chair for the safe transport of patients up and down

flights of stairs. A combination stretcher/stair-chair device shall be

sufficient to meet the requirements of both (a)2 above and this paragraph.

(b) Each patient litter and portable stretcher shall have three sets of two-inch

wide patient restraints with quick release buckles positioned at the chest, waist

and knees. The quick release buckles may be of the "slide through" or "metal to

metal" type. (Reeves

-type stretchers may have other types of buckles.) Each

stair-chair shall have two sets of two-inch wide safety restraints with quick

release metal buckles. Velcro

-type closures shall not be utilized.

restrained by a litter fastener. The litter fastener shall be certified by the

manufacturer to comply with AMD Standard 004-Litter Retention System in effect

at the time of manufacture.

(d) Wheelchairs shall not be utilized or transported in a BLS ambulance while it is

"in-service."

8:40-6.9 Spine boards, orthopedic litter and splints

(a) Each BLS ambulance shall be equipped with the following:

1. One long spine board made of impervious, inflexible material, 72 inches

long by 16 inches wide with associated strap holes and full-length three-

quarter inch runners, or another configuration that protects the

crewmembers' hands from injury during patient movement;

2. A commercially available vest-type upper spinal immobilization device

(for example, K.E.D. [FN®]), approved by the FDA for utilization by EMT-

Basics;

3. Four straps, measuring two inches wide by nine feet long with quick

release type metal buckles. ("Slide-through" type strongly recommended.)

Velcro [FN®]-type closures shall not be utilized. The vehicle may

substitute three clip-on type straps in place of the required straps if the

vehicle is equipped with a long spine board that utilizes such straps. A

commercial backboard restraint may also be substituted for the straps;

4. One orthopedic litter at least 78 inches long (when extended) by at least

16 inches wide. It shall open/close (separate/rejoin) along its long axis into

two halves;

5. Six rigid cervical collars of a type approved by the FDA for pre-hospital

utilization by EMT-Basics (for example, StifNeck [FN®] or Philadelphia-

type) in at least three different sizes, one of which shall be of a size to

accommodate pediatric patients;

6. One head restraint system, utilized to immobilize a patient's head while

the patient is restrained on a backboard, of a type approved by the FDA

for pre-hospital utilization by EMT-Basics. Sandbags shall not be utilized

as spinal immobilization devices;

7. A minimum of six splinting devices (for example, padded board splints

which are impervious to bodily fluids, blood and other potentially infectious

materials, selected commercial fracture products), in a variety of sizes

suitable for splinting arms and/or legs; and

8. One adult size, lower extremity traction splint approved by the FDA for

pre-hospital utilization by EMT-Basics, complete with all associated straps,

heel stand windlass, and accessories, or other devices approved by the

Commissioner.

8:40-6.10 Patient compartment requirements and dimensions

(a) Each vehicle utilized as a BLS ambulance shall have a distinct patient

compartment. The patient compartment shall be separated from the driver's

seating area by a bulkhead or partition, which may include a passageway.

(b) The patient compartment shall have the following interior dimensions:

1. Height: At least 54 inches between the floor and the ceiling when

measured at, or near, the center of the patient compartment;

2. Width: At least 56 inches between the vehicle interior sides when

measured at any point 52 inches above the floor. The width of cabinets,

etc., shall be included when measurements are made;

3. Length: At least 116 inches between the interior surface of the rear door

and the surface of the bulkhead or partition, when measured at floor level;

and

4. There shall be an aisle at least 10 inches wide next to the required

patient litter.

1. The two doorways shall not be adjacent to each other. One doorway

shall be at the rear of the vehicle; the other at the curbside of the vehicle.

The curbside doorway shall be within the front half of the vehicle;

2. Each doorway opening shall be at least 28 inches wide and at least 44

inches high;

3. At least one patient compartment doorway shall be available for

utilization as an emergency exit at all times. Access to the patient

compartment doorways shall not be obstructed by any immovable objects;

4. The doors to each patient compartment doorway shall be capable of

being opened and utilized from both inside the patient compartment and

from the exterior of the vehicle, using a standard automotive industry door

handle; and

5. There shall be a window in each door of the patient compartment. Rear

windows shall be fixed and non-opening.

(d) The patient compartment shall be equipped with a built-in lighting system.

The lighting system shall utilize white or clear lenses. The lighting system shall

not interfere with the driver's vision and shall be located so that glare is not

reflected into the driver's eyes or line of vision.

(e) The patient compartment shall be equipped with two seats, one of which shall

be at the head of the required patient litter and face rearward and the other of

which shall be alongside the patient litter. Each seat shall be equipped with an

automotive safety belt.

(f) Once a vehicle is licensed by the Department, there shall be no further

changes to the vehicle's interior configuration unless and until such changes

have been approved, in writing, by OEMS.

(g) Each vehicle shall meet all applicable requirements set forth in the Americans

with Disabilities Act of 1990, 42 U.S.C. § 12101.

8:40-6.11 Vehicle certification to Federal specifications

(a) Each BLS ambulance shall be certified to meet the version of Federal

Specifications for Ambulances, KKK-A-1822, which was current at the time the

vehicle was manufactured. The certification shall be made by the vehicle

manufacturer or converter in accordance with applicable paragraphs of the

Federal KKK-A-1822 specifications.

(b) The following exceptions to the Federal KKK-A-1822 specifications are

permitted. Inclusion of the following items on a BLS ambulance is optional:

1. Spare tire and storage;

2. Tools for changing a tire;

3. 115 volt AC utility power;

4. Utility power connector;

5. Electrical 115 volt VAC receptacles;

6. Solid state inverter;

7. Spotlight;

8. Exterior storage accommodation;

9. Extrication equipment and storage;

10. Color, paint and finish; and

11. Color standards and tolerances.

permitted, within the parameters noted:

1. BLS ambulance emergency lighting: The provider may specify

emergency lights other than those required in the Federal specifications,

but all exterior lighting shall be in accordance with standards for

authorized emergency vehicles, as set forth at N.J.A.C. 13:24;

2. Suction aspirators: The installed and portable aspirators (suction units)

shall meet the standards of this chapter; and

3. Emblems and markings: The purchaser of the vehicle may specify the

location of additional lettering and markings beyond those required under

the Federal specifications, so long as they are consistent with the

limitations set forth in this chapter.

8:40-6.12 Vehicle markings and emergency warning devices

(a) Each BLS ambulance shall bear the following markings:

1. The trade name (as it appears on the vehicle license) shall be visible on

the two exterior sides of the vehicle in a size not less than four inches

high;

2. The vehicle recognition number shall be visible on the rear and the two

exterior sides of the vehicle in a size not less than three inches high;

3. The words "Ambulance" or "Emergency Medical Services" shall be in

mirror image, centered above the grill, on the front of the vehicle in a size

not less than four inches high and on each side and on the rear of the

vehicle body in a size not less than six inches high. The words

"Ambulance" or "Emergency Medical Services" may be separate from, or

may be incorporated in, the trade name required in (a)1 above;

4. Block-type blue, "Star of Life" shall be located both to the right and left

of the word "Ambulance" on the front of the vehicle in a size not less than

three inches high on a four-inch by four-inch white field; and

5. Block-type blue, "Star of Life" shall be visible on each side of the vehicle

in a size not less than 16 inches high. A block-type blue, "Star of Life"

shall be provided on each rear door window glass or on rear door panels

in a size not less than 12 inches high. If installed on the rear door window

glass, the "Star of Life" shall be translucent or "cut-out."

(b) Providers that contract with a general hospital or similar health care facility to

provide a vehicle for the exclusive utilization of a service provided by that facility

may place the name of the facility on the vehicle dedicated to that service,

subject to the following:

1. The vehicle is utilized exclusively for the health care facility;

2. The name of the facility appears in letters no larger than three inches

high;

3. The name appears on the lower half of the vehicle; and

4. The name of the facility is preceded by the words "associated with" or

similar language that allows the public to identify the provider.

the background on which they appear so that they are clearly visible.

(d) The symbol of a Maltese cross shall not appear on a BLS ambulance, unless

the vehicle is operated by a fire department.

(e) The words "Advanced Life Support," "Critical Care Transport Unit," "Coronary

Care," "EMT-Paramedic," "Intensive Care," "Mobile Intensive Care," "Mobile

Intensive Care Unit," "Paramedic," "Special Care," "Specialty Care," "Specialty

Care Transport Unit," abbreviations of such words, or any other wording which

would imply the provision of advanced life support care shall appear only when

the provider is licensed in accordance with the provisions of N.J.A.C. 8:41 to

provide mobile intensive care or specialty care transport services.

(f) Each BLS ambulance shall be equipped with emergency warning devices,

including red lights and a siren, so that it meets the definition of an authorized

emergency vehicle as defined at N.J.S.A. 39:1-1 and N.J.A.C. 13:24-1.1.

Emergency warning devices shall only be utilized in strict compliance with

N.J.A.C. 13:24-2.8.

8:40-6.13 Two-way communications

(a) Each BLS ambulance shall be equipped with communications equipment,

including at least one mobile radio, with the following minimum features:

1. Two-way, VHF high-band with Effective Radiated Power (ERP) as

approved by the FCC;

2. Selection, transmission and receipt on each of the required JEMS radio

frequencies from the driver's compartment;

3. Transmission and receipt of each of the required JEMS radio

frequencies from the patient compartment. While only one radio is

required, there shall be a microphone and speaker in both the driver and

the patient compartments; and

4. A functional, dual-tone, multi-frequency encoder in either the driver's or

the patient compartment.

(b) Each BLS ambulance utilized to provide emergency response shall be

equipped with at least one portable radio with the following minimum features:

1. Two-way, VHF high-band with ERP as approved by the FCC; and

2. Selection, transmission and receipt on each of the required JEMS radio

frequencies.

JEMS frequencies with automatic Continuous Tone Coded Sub-audible Squelch

(CTCSS) disable in carrier squelch mode:

1. 155.340 MHz (JEMS 2 frequency/BLS ambulance-to-Emergency

Department);

2. 155.280 MHz (JEMS 3 frequency/Statewide EMS coordination); and

3. 153.785 MHz (JEMS 4 or SPEN 4 frequency/Statewide public safety

coordination for police, fire and EMS).

(d) In addition, radios carried on BLS ambulances utilized to provide emergency

response shall be capable of transmitting and receiving on the JEMS 1 frequency

(local EMS dispatch and CTCSS as listed in Appendix A of this chapter).

1. The JEMS 1 frequency shall not be utilized in two-way communications

to, or from, any BLS ambulance for any purpose other than access to a

regional coordinating center to obtain mutual aid or advanced life support

care, or for the dispatch of BLS ambulances providing emergency

response to a municipal jurisdiction (other business uses are prohibited).

(e) The JEMS 2 frequency shall only be utilized for essential communications

between a BLS ambulance and either the Emergency Department of a general

hospital or a regional communications center.

(f) The JEMS 3 frequency shall only be utilized for essential communications

between cooperating BLS ambulances and as a secondary dispatch channel for

BLS ambulances providing emergency response to a municipal jurisdiction.

(g) The JEMS 4 frequency shall only be utilized for purpose of Statewide public

safety coordination for police, fire and EMS.

(h) None of the UHF radio frequencies known as "Med 1" through "Med 10" and

"MED A" through "MED X" shall be utilized in two-way communications to, or

from, any BLS ambulance.

(i) All two-way communications shall comply with all applicable Federal

Communications Commission (FCC) rules and regulations. The Department shall

be provided with a copy of any FCC license(s) issued to the provider.

(j) No provider shall engage in any communications activity that causes harmful

interference with the EMS communications system.

(k) A provider that is a participant in a local, county or regional disaster plan shall

have the appropriate two-way communications elements that would enable it to

carry out its role under the plan.

(l) Any radio carried or installed in compliance with this chapter shall have either

a succinct list of frequencies attached (if portable) or in the immediate proximity

(if installed), or shall have an alpha-numeric display of the frequency selected

either by listing the frequency or the common name (for example, "JEMS 2" may

be substituted for 155.340 MHz).

8:40-6.14 Disaster planning

(a) Each provider that provides service to a political subdivision or a government

installation shall participate, in conjunction with the applicable Office of

Emergency Management, in the development of an emergency medical services

plan or an annex to a basic disaster plan. The emergency medical services

plan/annex shall be reviewed and tested at least once a year. Employees shall

be informed of their responsibilities under the plan at least once a year. The

provider shall conduct an analysis of equipment and personnel at least twice a

year to determine its capabilities to respond to emergencies that can reasonably

be expected to occur in its service area.

(b) The provider shall describe in the plan/annex the specific means that shall be

utilized to summon off-duty personnel and mutual aid BLS ambulances.

installation or responds to motor vehicle accidents shall carry 50 medical

emergency triage tags (METTAG [FN®]) for utilization in patient identification and

triage during mass casualty incidents.

(d) All BLS ambulances utilized to provide emergency response or that routinely

respond to motor vehicle accidents shall be equipped with a current U.S.

Department of Transportation Guidebook for Initial Response to Hazardous

Materials Incidents.

8:40-6.15 Additional requirements for BLS ambulance services providing

emergency response

(a) Each BLS ambulance service that provides emergency response shall utilize

the services of a medical director.

1. The medical director shall be a physician who is licensed by the New

Jersey State Board of Medical Examiners to practice medicine.

2. The medical director shall be responsible for providing medical

consultation (as needed), as well as medical quality assurance oversight

regarding the administration of BLS services by the provider's

crewmembers.

i. Medical quality assurance oversight shall include, but is not

limited to, review of utilization of the AED, as well as interpretation

of treatment protocols and documentation standards.

(b) Each BLS ambulance utilized to provide emergency response shall carry the

following equipment on board at all times:

1. An AED;

2. Equipment that allows crewmembers to access entrapped patients of

motor vehicle collisions in the event that the agency responsible for

vehicle extrication for the jurisdiction has not arrived on the scene. At a

minimum, this shall include:

i. A spring-loaded center punch;

ii. One each standard size (that is, approximately six inches)

flathead and Phillips-type screwdriver;

iii. A prying lever or "crow bar";

iv. An automotive safety belt cutter; and

v. At least two protective multi-use jackets that are both fire and

tear resistant, as well as two sets of gloves, head and eye

protection that, at a minimum, meet the requirements set forth at 29

C.F.R. 1910.132 et seq. BLS ambulance services that provide

emergency response only to long-term care facilities shall be

exempt from this requirement;

3. At least five nasopharyngeal airways in assorted sizes, and a water-

soluble lubricant for utilization with the airways; and

4. At least one spotlight, which may be handheld.

the provider of vehicle extrication services in the municipal jurisdiction that it

serves shall identify the provider of extrication services in its standard operating

procedures (SOP) manual, and shall develop policies to adequately permit the

safe interaction of the crewmembers and the other agencies at the scene of an

emergency.

(d) A BLS ambulance service providing regular or foreseeable emergency

response to a jurisdiction shall provide the Department with written notification of

which jurisdictions are to be serviced at least seven calendar days prior to the

starting date of service.

(e) A BLS ambulance service providing emergency response shall:

1. Maintain at least one additional back-up BLS ambulance, which can be

utilized to provide emergency response;

2. Develop a plan for continuous quality assurance of the services that it

provides. This plan shall include quality indicators such as, but not limited

to, dispatching of vehicles, safe driving, quality of medical care provided,

documentation, utilization of advanced life support care, triage of patients

and other areas the provider identifies as necessary. This plan shall

include an identified person responsible for the quality assurance, the

identification of outside resources (if necessary), and provision for

feedback to the crewmembers;

3. File a report with the Department outlining all emergency response

activities for that quarter. These quarterly reports shall be made on a form

and in the manner specified by the Department (chapter Appendix D,

incorporated herein by reference) and shall be delivered to OEMS on or

before the due date. The reporting periods and due dates are as follows:

Period Due

January 1 through March 31 April 30

April 1 through June 30 July 31

July 1 through September 30 October 31

October 1 through December 31 January 31

i. The Department shall keep the data on file and shall generate a

yearly report reflecting the activities of the providers. Yearly reports

shall be available at OEMS for public inspection.

(f) A BLS ambulance service providing emergency response shall not:

1. Refuse or fail to respond to an emergency call or refuse or fail to

provide emergency treatment and/or transportation to any person because

of that person's race, sex, creed, national origin, sexual preference, age,

disability, medical condition or ability to pay; or

2. Discontinue services without sending written notification to the

Department at least 60 calendar days prior to the date that services will be

discontinued.

SUBCHAPTER 7. SCOPE OF PRACTICE, ENFORCEMENT ACTIONS AND

HEARINGS

8:40-7.1 Scope of practice for EMT-Basics

(a) EMT-Basics shall operate within their approved scope of practice.

(b) The following skills and procedures are within the approved scope of practice

for an EMT-Basic:

1. Patient assessment, including vital signs and ongoing evaluation;

2. Pulmonary or cardiopulmonary resuscitation and foreign body airway

obstruction management;

3. Oxygen administration;

4. Oropharyngeal or nasopharyngeal airway insertion;

5. Oropharyngeal and nasopharyngeal suctioning;

6. Assessment and management of cardiac, respiratory, diabetic shock,

behavioral and heat/cold emergencies, for example, as prescribed within

the National Standard Curriculum for EMT-Basics;

7. Emergency treatment for bleeding, burns, poisoning, seizures, soft

tissue injuries, chest-abdominal-pelvic injuries, muscle and bone injuries,

eye injuries and childbirth (including care of the newborn), as prescribed

within the National Standard Curriculum for EMT-Basics;

8. Application of spinal immobilization devices and splinting materials,

including traction splints;

9. Basic triage and basic maneuvers to gain access to the patient;

10. Patient lifting and moving techniques;

11. AED utilization;

12. Assisting an EMT-Paramedic, registered nurse or physician; and

13. Assisting a patient to administer drugs previously prescribed for that

patient, limited to:

i. Prescribed metered dose inhaler;

ii. Sublingual nitroglycerin; or

iii. Epinephrine auto injector.

8:40-7.2 Enforcement actions

(a) An authorized representative of the Department may remove any or all of a

provider's vehicles from service when, in his or her opinion, the vehicle,

equipment or crewmembers pose an imminent threat to the health, safety or

welfare of the public or to patients using the service. Removal of a vehicle from

service shall be accomplished by placing an official Department "Out-of-Service"

sticker on at least one of the vehicle's windows. Placement of a vehicle in DIOOS

status may be done simultaneously with an action to suspend or revoke the

provider's license and/or impose a monetary penalty.

1. For the purpose of this section, imminent threat may include, but is not

limited to:

i. Serious and apparent automotive defects such as faulty brakes,

exhaust system or tires;

ii. Serious and apparent equipment defects such as absent or faulty

oxygen, resuscitation or aspiration equipment;

iii. Missing required equipment; and/or

iv. Lack of vehicle registration as issued by the New Jersey Motor

Vehicle Commission, driver's license, proof of valid vehicle

insurance and/or vehicle license as issued by the Department.

2. The provider shall immediately cease to utilize the vehicle(s) to provide

any and all services once an official Department "Out-of-Service" sticker

has been placed on the vehicle(s). The provider shall ensure that the "Out-

of-Service" sticker is not removed from the vehicle, except as provided in

(a)4 below.

3. The provider shall notify OEMS by telephone when it believes that a

deficiency has been corrected. OEMS shall make arrangements to

reinspect the vehicle in the field within five business days.

4. The "Out-of-Service" sticker shall only be removed by an authorized

representative of the Department, or by the provider when the provider

has been given written authorization by the Department to do so, upon a

finding that the applicable deficiencies have been corrected. Correction of

deficiencies may include, but is not limited to:

i. The vehicle has been repaired or has successfully passed all

tests conducted by the New Jersey Motor Vehicle Commission

when there was an apparent automotive defect; or

ii. The equipment has been repaired or replaced when there was an

apparent equipment defect.

(b) The Commissioner or his or her designee may summarily suspend the license

of any provider when, in his or her opinion, the continued licensure of that

provider poses an immediate or serious threat to the public health, safety or

welfare.

1. A provider whose license has been summarily suspended shall have

the right to apply for emergency relief, as provided for at N.J.A.C. 8:40-

7.3(a).

against the provider, including but not limited to, suspension or revocation of a

provider's license, a formal written warning, monetary penalty, placing the

provider's vehicle in "Department-Initiated-Out-of-Service" (DIOOS) status,

placing of conditions for continued operation by the provider and/or refusal to

issue or renew a license.

1. No provider shall have any action taken against its license, excluding an

emergent situation as described in (b) above, unless that provider has first

been afforded an opportunity for a hearing in accordance with N.J.A.C.

8:40-7.3(b).

2. Any actions taken under this section shall be separate from any civil,

criminal or other judicial proceeding, including actions against licenses of

health care professionals issued by other departments or boards. All

matters of professional misconduct shall be referred to the appropriate

licensing boards, and all matters of a criminal nature shall be forwarded to

the appropriate authorities for disposition. Action taken against a provider

does not preclude any action that may be taken against an EMT-Basic for

the same infraction.

(d) Action shall be taken to revoke a provider's license if any person with an

ownership interest of five percent or more has been accepted into a pre-trial

Intervention, conditional discharge or other diversionary program, or has been

convicted of:

1. Medicare, Medicaid or insurance fraud (regardless of the amount of the

monetary penalty, term of imprisonment or other penalty imposed);

2. Any crime;

3. Any disorderly persons offense; and/or

4. A petty disorderly persons offense involving the possession, utilization,

sale and/or distribution of any controlled dangerous substance;

representing a risk of harm to the health, safety or welfare of patients;

and/or involving patient abuse or patient neglect.

(e) In accordance with N.J.S.A. 26:2H-14, the Department may impose monetary

penalties for violation of any of the rules contained in this chapter, including, but

not limited to, the violations noted below, as follows:

1. Actions that are the cause or proximate cause of injury to a patient,

passenger, crewmember or other person (including, but not limited to, a

pedestrian, police officer or other on-scene EMS personnel) shall result in

a monetary penalty of $2,500 for each injured person;

2. Actions involving the fraudulent procurement of licenses, certifications

and/or other credentials, the filing of false reports or tampering with official

or required records shall result in a monetary penalty of $2,500 per

violation. Such violations may also result in an action to revoke the

provider's license. Further, the Department may refer the matter to any

and all appropriate authorities for further investigation and prosecution;

3. Violations of any rule pertaining to minimum crewmember requirements,

crewmember duties, crewmember training and/or certification

requirements shall result in a monetary penalty of $1,000 per violation/per

calendar day;

4. Violations of any rule pertaining to patient, passenger and/or

crewmember restraint or the safe transport of patients or passengers that

do not result in injury, but have the potential to cause injury shall result in

a monetary penalty of $1,000 per violation/per calendar day;

5. Violations of any vehicle licensure requirements or utilization of a

vehicle ordered or placed in DIOOS status shall result in a monetary

penalty of $1,000 per vehicle/per calendar day;

6. Destruction, distortion and/or removal of the "Out-of-Service" sticker

from a vehicle that has not yet been placed back "in-service" by

Department staff shall result in a monetary penalty of $250.00 per

calendar day;

7. Violations of the rules requiring portable oxygen and portable

aspirator/suction devices shall result in a monetary penalty of $1,000 per

violation/per calendar day;

8. Violations of any notification requirements (for example, change of

name, address, license plate number, vehicle identification number, trade

name, etc.) shall result in a monetary penalty of $250.00 per violation/per

calendar day; and

9. Violations of the remaining portions of these rules may result in a

monetary penalty of $250.00 per violation/per calendar day.

(f) Violations shall be considered as a single, different occurrence for each

calendar day the violation occurs or remains uncorrected.

(g) Subsequent violations of the same type that occur within one year of the

previous violation shall, in accordance with N.J.S.A. 26:2H-14, be subject to

incremental penalties.

(h) In the event a provider is in arrears of any monetary penalty or penalty

greater than 60 calendar days, the Department may:

1. Refuse to issue any license or renewal;

2. Refer the delinquent account to the Office of the Attorney General for

collection; and/or

3. Take such other action as authorized by law, including actions to

suspend and/or revoke the provider's license.

8:40-7.3 Hearings

(a) A provider whose license has been summarily suspended shall, consistent

with N.J.A.C. 1:1-12.6, have the right to apply to the Commissioner for

emergency relief.

1. A request for emergency relief shall be submitted in writing and shall be

accompanied by a response to the charges contained in the "Notice of

Summary Suspension." Failure to submit such written notice shall result in

the provider forfeiting all rights to emergency relief.

2. Requests for emergency relief shall be conducted in accordance with

the Administrative Procedures Act, N.J.S.A. 52:14B-1 et seq., and Uniform

Administrative Procedure Rules, N.J.A.C. 1:1.

(b) If the Department proposes to issue a formal written warning, assess a

monetary penalty, suspend, revoke or refuse to issue or renew a license, the

applicant or provider, as applicable, shall be afforded an opportunity for hearing

at the New Jersey Office of Administrative Law to contest the proposed action.

1. All warnings, monetary assessments, suspensions and revocations

shall become effective 30 calendar days after mailing of a notice of the

proposed action unless the applicant or provider, within such 30-day

period, gives written notice to the Department of its desire for a hearing.

Failure to submit such written notice shall result in the applicant or

provider, as applicable, forfeiting all rights to such a hearing.

i. Upon the filing of such written notice, the warning, assessment,

suspension or revocation shall be held in abeyance until such time

as the hearing has been concluded and a final decision has been

rendered.

2. Refusals to issue or renew a license shall become effective

immediately. In the event that an applicant or provider, as applicable,

desires to contest the Department's refusal to issue or renew a license,

that applicant or provider shall give written notice to the Department within

the 30-day period immediately following that refusal of its desire for a

hearing. Failure to submit such written notice shall result in the applicant

or provider, as applicable, forfeiting all rights to such a hearing.

i. In the event that an applicant or provider requests a hearing, the

license shall not be issued or shall remain invalid, as applicable,

until such time as the hearing has been concluded and a final

decision has been rendered.

the New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and the

New Jersey Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(d) All enforcement shall be considered public information and shall be posted on

the OEMS website (www.state.nj.us/health/ems) as a public notice.

1. Monetary penalties, proposed probations, suspensions and revocations

shall not be posted until the 30-day hearing request period has elapsed.

Summary suspensions shall be posted immediately.

2. Once posted, enforcement actions shall remain on the OEMS website

as follows:

i. Monetary penalties: One year from the date on which the notice is

posted;

ii. Suspensions (Summary and Non-summary): One year from the

date on which the notice is posted or for the duration of the

suspension, whichever is greater; and

iii. Revocations: Permanently.

8:40-7.4 Action against an unlicensed entity

(a) Consistent with N.J.A.C. 8:40-5.1(b) and 6.1(b), no person, public or private

institution, agency, entity, corporation or business concern shall provide MAV

and/or BLS ambulance services in any form or manner within the State of New

Jersey until licensed by the Department.

1. Upon notice or discovery that a person, public or private institution,

agency, entity, corporation or business concern is providing MAV and/or

BLS ambulance services without having first obtained the required

provider and vehicle licenses, after revocation or suspension of a license

previously issued by the Department or after having allowed an existing

license to lapse, the Commissioner or his or her designee may issue an

order directing the operation of the unlicensed service to immediately

cease and desist.

i. Failure to comply with an order to cease and desist may result in

an action by the Department for injunctive relief in the Superior

Court of New Jersey.

ii. Orders to cease and desist shall be considered public information

and shall be posted on the OEMS website

(www.state.nj.us/health/ems) as a public notice. Orders to cease

and desist shall remain posted on the OEMS website permanently

or until such time as a license is issued by the Department.

2. In addition to the issuance of an order to cease and desist, the

Commissioner or his or her designee may:

i. Place a vehicle in DIOOS status and place an official Department

"Out-of-Service" sticker on the window of any vehicle it knows or

has reason to believe is being operated by any person, public or

private institution, agency, entity, corporation or business concern

that is not licensed to operate an MAV and/or BLS ambulance

service in New Jersey. Utilization of the vehicle shall immediately

cease once an "Out-of-Service" sticker has been placed on the

vehicle. The "Out-of-Service" sticker shall not be removed except

by an authorized representative of the Department upon the

issuance of a provider license and a vehicle license;

ii. Impose a monetary penalty in the amount of $1,000 per calendar

day for each day that a service is found to have operated without a

license. In addition, the Department may impose a penalty in the

amount of $1,000 per calendar day/per vehicle for each day that

each unlicensed vehicle is utilized, as well as an additional $250

per calendar day/per vehicle if the "Out-of-Service" sticker has

been destroyed, distorted and/or removed from the vehicle; and/or

iii. Refuse to issue or renew any subsequent licenses.