STATE OF WISCONSIN
DEPARTMENT OF TRANSPORTATION
PROPOSED ORDER AMENDING EMERGENCY RULE
(See PDF for image)
The Wisconsin Department of Transportation proposes an order to amend s. Trans 309.25, relating to ambulance inspection standards. (See PDF for image)
The Statement of Scope for this Emergency Rule, SS-025-23 was approved by the Governor on April 20, 2023, published in Register No. 809A1 on May 1, 2023, and approved by Secretary of the State of Wisconsin Department of Transportation (department) Craig Thompson, as required by s. 227.135(2), Stats, on April 7, 2023. The analysis below was prepared by the Department. ANALYSIS
Finding of Emergency:
Chapter Trans 309 subch. III describes requirements for ambulance equipment. Section 341.085, Stats., requires the department to inspect all ambulances for the standards listed in ch. Trans 309, subch. III. Section Trans 309.25 repeals subch. III on July 15, 2023, or upon promulgation by the department of health services (DHS) of administrative rules establishing standards and inspection, whichever comes sooner. Currently, DHS does not have authority to promulgate rules establishing standards and inspections. WisDOT needs to commence emergency rulemaking to extend the repeal date to preserve ambulance safety and to protect the consumer, general public, and those travelling throughout Wisconsin. Statutes Interpreted: Section 341.085, Stats. Explanation of Agency Authority:
Section 341.085, Stats., provides statutory authority to the department regarding ambulance inspection and s. 341.085 (2), Stats. authorizes the department to adopt rules to prescribe ambulance service equipment and standards. Related Statute or Rule: None.
Plain Language Analysis:
Current s. Trans 309.25 repeals subch. III of ch. Trans 309 on July 15, 2023, or upon promulgation by the DHS of administrative rules establishing standards and inspections, as well as legislative appropriations of resources for such inspections, whichever comes sooner. Currently, DHS does not have authority to promulgate such rules. Subchapter III of ch. Trans 309 dictates the medical equipment the department must inspect when conducting ambulance inspections. If subch. III is repealed, the department would no longer have authority to inspect necessary equipment. This rulemaking amends s. Trans 309.25 so that subch. III does not repeal until DHS has authority to promulgate such rules. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
Comparison with Rules in Adjacent States:
Illinois.
Under 210 ILCS 50/3.85, the Illinois department of public health is required to promulgate rules for licensing vehicle service providers:
“(b) The Department shall have the authority and responsibility to:
…
(3) Establish licensing standards and requirements for Vehicle Service Providers, through rules adopted pursuant to this Act, including but not limited to:
(A) Vehicle design, specification, operation and maintenance standards, including standards for the use of reserve ambulances;
(B) Equipment requirements;
(C) Staffing requirements; and
(D) License renewal at intervals determined by the Department, which shall be not less than every 4 years.”
Under ILCS 5/13-109 (a), medical transport vehicles, other than those owned or operated by a municipal corporation or political subdivision having a population of 1,000,000 or more inhabitants which are subjected to safety tests imposed by local ordinance or resolution, operated in whole or in part over Illinois highways, are subjected to safety tests conducted by the Illinois department of transportation:
“(a) Except as otherwise provided in Chapter 13, each second division vehicle, first division vehicle including a taxi which is used for a purpose that requires a school bus driver permit, and medical transport vehicle, except those vehicles other than school buses or medical transport vehicles owned or operated by a municipal corporation or political subdivision having a population of 1,000,000 or more inhabitants which are subjected to safety tests imposed by local ordinance or resolution, operated in whole or in part over the highways of this State, motor vehicle used for driver education training, and each vehicle designed to carry 15 or fewer passengers operated by a contract carrier transporting employees in the course of their employment on a highway of this State, shall be subjected to the safety test provided for in Chapter 13 of this Code. Tests shall be conducted at an official testing station within 6 months prior to the application for registration as provided for in this Code. Subsequently each vehicle shall be subject to tests (i) at least every 6 months, (ii) in the case of school buses and first division vehicles including taxis which are used for a purpose that requires a school bus driver permit, at least every 6 months or 10,000 miles, whichever occurs first, (iii) in the case of driver education vehicles used by public high schools, at least every 12 months for vehicles over 5 model years of age or having an odometer reading of over 75,000 miles, whichever occurs first, or (iv) in the case of truck tractors, semitrailers, and property-carrying vehicles registered for a gross weight of more than 10,000 pounds but less than 26,001 pounds, at least every 12 months, and according to schedules established by rules and regulations promulgated by the Department. Any component subject to regular inspection which is damaged in a reportable accident must be reinspected before the bus or first division vehicle including a taxi which is used for a purpose that requires a school bus driver permit is returned to service.” The Illinois department of transportation promulgates standards for medical transport vehicles under 92 IL ADC 438 App. I.
Iowa.
Under Iowa Admin. Code 641-132.3 (147A), the department of public health oversees service program operations. Each service program must have a designated medical director at all times. Iowa Admin. Code 641-132.3 (2).
All service programs must be inspected and approved by the department. Under Iowa Admin. Code 641-132.3 (9):
“a. Effective January 1, 2022, all service programs, regardless of their designation as governmentally owned, not-for-profit, or privately operated, shall annually systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all ambulances operated by the service program.
b. A service program shall utilize a vehicle inspection report approved by the department to record the results of an annual ambulance safety inspection. Annual safety inspection forms which comply with the requirements of 49 CFR 396 shall be approved by the department. A sample annual vehicle inspection form which complies with the reporting requirements of 49 CFR 396 can be found on the BETS website (www.idph.iowa.gov/BETS/EMS/provider-information). …
g. Effective January 1, 2022, new ambulances manufactured and placed into service shall meet at a minimum either the Commission on Accreditation of Ambulance Services (CAAS) Ground Vehicle Standard for Ambulances or the National Fire Protection Association (NFPA) Standard for Automotive Ambulances (NFPA 1917).”
Michigan.
The Michigan department of health and human services inspects life support vehicles. Under Mich. Admin. Code r. 325.22190:
“Life support vehicles shall be inspected as follows:
(a) The department may conduct random renewal inspections of life support vehicles, including medical first response vehicles. Inspections shall be unannounced unless circumstances warrant notifying a life support agency in advance that an inspection of its life support vehicles will be conducted. The department shall determine if prior notification of an inspection is warranted. A vehicle license may be renewed without an inspection.
(b) Submission of a licensure renewal application shall be considered an attestation by the life support agency that the vehicle meets all licensure requirements.
(c) A life support agency that is adding a new or higher licensure level for a life support vehicle shall submit an application, on forms provided by the department, and include the required fee. New and higher level of care vehicles shall be inspected before being placed into service. Upon receipt of the application and required fee, the department shall inspect new or upgrade vehicles within 15 days of receipt of application.
