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Dossier Legislative introduced 22-apr-2009
Bill introduced in Congress — not yet passed by either chamber, and not law.

Helicopter Medical Services Patient Safety, Protection, and Coordination Act

Key claim: This Senate bill would let states set medical staffing, equipment, patient-routing, and coordination rules for air-ambulance helicopters, so long as they do not regulate pilots or conflict with federal aviation operating requirements.

Abstract

(S848 · 111th Congress) Helicopter Medical Services Patient Safety, Protection, and Coordination Act - Authorizes states to regulate helicopter medical services with respect to: (1) the medical qualifications and training of helicopter medical personnel; and (2) the obligation of providers of helicopter medical services to comply with a state’s health planning, patient safety, and medical service requirements. Prohibits states from imposing requirements on pilots. Authorizes states to regulate the following aspects of helicopter medical services to the extent such regulations are harmonized with applicable federal operating requirements: (1) establishment of criteria for determination of the appropriate medical institution to receive a transported patient; (2) specification of service requirements with respect to geographic areas within a state or during specified hours and days; (3) coordination of flight requests for emergency helicopter medical services; (4) compliance with medical services accreditation requirements, except where they infringe upon relevant federal operating requirements; and (5) provision of emergency helicopter medical services to all persons where needed. Authorizes a state to regulate certain aspects of helicopter medical services to the extent that such regulations are consistent with, and do not infringe upon, applicable federal operating requirements. Specifies among the aspects of helicopter medical services which states may regulate: (1) the necessary medical equipment and supplies to be carried on board or affixed to the helicopter; (2) the physical attributes of the helicopter necessary for the provision of quality medical care and for the protection of helicopter, ground medical, and emergency response personnel; and (3) specified communication capabilities among helicopter medical personnel and emergency medical services and public safety personnel, and between the flight crew and helicopter medical personnel. Requires a provider of helicopter medical serv Latest action (2009-04-22): Read twice and referred to the Committee on Commerce, Science, and Transportation.

Why this matters

Air-ambulance helicopter safety and patient-routing decisions sit at a jurisdictional seam: FAA controls aviation operations, but medical staffing and dispatch coordination have historically been argued to fall under state health authority, with federal preemption often blocking state action. A bill of this kind would formally partition that seam, letting states impose medical-side requirements while leaving pilot and flight-operations rules with FAA.

Source

Link

Briefing card

Helicopter Medical Services Patient Safety, Protection, and Coordination Act
Stage: introduced · congress · 22-apr-2009

If you could be transported by a medical helicopter, this bill would let your state set rules on the crew, equipment, and where you're flown, though it never became law.

This Senate bill would let states set medical staffing, equipment, patient-routing, and coordination rules for air-ambulance helicopters, so long as they do not regulate pilots or conflict with federal aviation operating requirements.

Cross-references (0)

None recorded — doctrine links and citations appear here as scans and citation sweeps find them.

External: congress:111-s-848:introduced

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