John Philip Melick
Richard M. Allen
Jackson & Kelley PLLC
Charleston, West Virginia
Charleston, West Virginia
Attorney for Appellee,
Attorney for the Appellants
The Public Service Commission
of West Virginia
Thomas N. Hanna
James D. Kauffelt
Charleston, West Virginia
Kauffelt & Kaufflet
Attorney for Appellee,
Charleston, West Virginia
Interstate Medical Transport
Attorney for Amicus Curiae,
West Virginia Medical Facilities
Stephen D. Annand
Transport Providers Association
Roberta F. Green
David J. Mincer
David Schles
Shuman, Annand, Bailey, Wyant & Earles
Phillip M. Stowers
Charleston, West Virginia
Charleston, West Virginia
Attorneys for Amicus Curiae,
Attorneys for Amicus Curiae,
Kanawha County Emergency
West Virginia Emergency Medical
Ambulance Authority
Services Advisory Counsel,
A State Agency
Darrell V. McGraw, Jr., Attorney General
Stephen J. Small, Asst. Attorney General
Charleston, West Virginia
Attorneys for Amicus Curiae,
West Virginia Department of Health and
Human Resources
JUSTICE DAVIS delivered the Opinion of the Court.
JUDGE RISOVICH sitting by temporary assignment.
2. The detailed standard for our review of an order of the Public Service Commission contained in Syllabus Point 2 of Monongahela Power Co. v. Public Service Commission, 166 W. Va. 423, 276 S.E.2d 179 (1981), may be summarized as follows:
(1) whether the Commission exceeded its statutory jurisdiction and powers; (2) whether
there is adequate evidence to support the Commission's findings; and, (3) whether the
substantive result of the Commission's order is proper. Syl. pt. 1, Central West Virginia
Refuse, Inc. v. Public Service Commission, 190 W. Va. 416, 438 S.E.2d 596 (1993).
3. '''The primary object in construing a statute is to ascertain and
give effect to the intent of the legislature.' Syl. Pt. 1, Smith v. State Workmen's
Compensation Com'r., 159 W. Va. 108, 219 S.E.2d 361 (1975). Syl. Pt. 2, State ex rel.
Fetters v. Hott, 173 W. Va. 502, 318 S.E.2d 446 (1984).' Syllabus point 2, Lee v. West
Virginia Teachers Retirement Board, 186 W. Va. 441, 413 S.E.2d 96 (1991). Syl. pt.
2, Francis O. Day Co., Inc. v. Director, Division of Environmental Protection, 191
W. Va. 134, 443 S.E.2d 602 (1994).' Syllabus point 4, Hosaflook v. Consolidation Coal
Co., 201 W. Va. 325, 497 S.E.2d 174 (1997). Syllabus point 3, West Virginia
Department of Military Affairs and Public Safety, Division of Juvenile Services v. Berger,
203 W. Va. 468, 508 S.E.2d 628 (1998).
4. Any company or individual seeking to operate an emergency medical
services agency or to provide emergency medical services, which services require the
presence of a trained emergency medical technician during transport, must obtain the
proper licensure or certification from the Commissioner of the Bureau of Public Health
pursuant to the Emergency Medical Services Act of 1996, W. Va. Code § 16-4C-1, et seq.
5. Pursuant to W. Va. Code § 24A-2-5 (1980) (Repl. Vol. 1999), which provides that a common carrier by motor vehicle must obtain from the Public Service Commission a certificate of convenience and necessity in order to legally operate within this State, the Public Service Commission has jurisdiction to grant a certificate of convenience and necessity authorizing a common carrier by motor vehicle to transport individuals, who do not have medical needs greater than those of the average population and who are not expected to require the presence of a trained emergency medical technician during transport, to and from health-care facilities. In granting such authority, however, the Public Service Commission must carefully and specifically describe the authority granted so as to demonstrate that it has not exceeded its jurisdiction and thereby infringed upon the authority of the Commissioner of the Bureau of Public Health as set forth in the Emergency Medical Services Act of 1996, W. Va. Code § 16-4C-1, et seq.
Davis, Justice:
Appellants Jan-Care Ambulance Service, Inc. (hereinafter Jan-Care) and
the West Virginia EMS Coalition (hereinafter the Coalition) appeal two orders of the
Public Service Commission (hereinafter the PSC), which granted certificates of
convenience and necessity, pursuant to W. Va. Code § 24A-2-5 (1980) (Repl. Vol. 1999),
authorizing Appellee Interstate Medical Transport, Inc., and Appellee Sophia Volunteer
Fire and Ambulance Service, Inc, to provide transportation for certain persons to and from
health-care facilities. Jan-Care and the Coalition argue that such transportation constitutes
emergency medical services that must be regulated by the Office of Emergency Medical
Services as provided in W. Va. Code § 16-4C-1, et seq., the Emergency Medical Services
Act of 1996. We find that the PSC has jurisdiction to authorize common carriers to
provide transportation to and from health-care facilities within the statutory limits
explained in the body of this opinion. However, the PSC exceeded that jurisdiction with
regard to the cases underlying the instant appeal.
In response to Interstate's published notice, protests opposing the application were filed by Clarence R. Cottle, Beckley Limousine Service and Checker Cab Company. Thereafter, Interstate amended its application to exclude trips that would both begin and
end within either Raleigh or Fayette County.See footnote 1
1
In response to the amended application, all
three protests were withdrawn and the hearing scheduled for June 3, 1998, was canceled
by a procedural order issued by the ALJ on June 2, 1998.See footnote 2
2
Also on June 2, nearly two months after the close of the protest period, Jan-
Care and the Coalition filed a petition to intervene in this matter. In their petition, Jan-
Care and the Coalition challenged the PSC's jurisdiction to grant authority to transport
patients. Jan-Care and the Coalition argued that because they raised primarily
jurisdictional issues, their late-filed petition should be granted and a hearing scheduled.
By recommended decision entered June 10, 1998, the ALJ opined that the motion to
intervene should be denied as untimely. However, the ALJ recommended that Interstate's
application be granted with an amendment intended to address the concerns of Jan-Care
and the Coalition. Specifically, the ALJ suggested the word patient be changed to
passenger. Thus, the recommended decision granted Interstate the authority to
operate as a common carrier by motor vehicle in the
transportation of passengers in specialized limousine service
to and from physicians' offices, hospitals and other health-care
facilities between points and places in Fayette and Raleigh
Counties, on the one hand, and points and places in West
Virginia, on the other hand, excluding, however, all trips that
would both begin and end within either of the aforesaid
counties.
(Emphasis added).
The PSC staff then filed a motion to intervene arguing that the ALJ erred by
substituting the broader word passengers for the more narrow term patients in
describing the authority granted to Interstate. Noting that the published version of the
application requested authority to transport patients, the PSC staff contended that
[s]ome carriers that might have protested an application to transport 'passengers' might
not have protested an application to transport 'patients' only. Jan-Care and the Coalition
also filed exceptions to the recommended decision, primarily asserting their previously
expressed jurisdictional challenge.
By order entered September 22, 1998, the PSC granted the exceptions filed
in response to the ALJ's recommended decision, granted the request of Jan-Care and the
Coalition to intervene,See footnote 3
3
and remanded the case to the Division of Administrative Law
Judges for further processing. In compliance with this order, the Chief ALJ conducted a
hearing and received evidence from Interstate and from Jan-Care and the Coalition.
Following the hearing, the Chief ALJ issued a detailed thirty-one page recommended
decision. In that decision, the Chief ALJ first concluded that the PSC did have jurisdiction
to grant the authority requested by Interstate. In this regard, the Chief ALJ noted that,
notwithstanding the use of the word patient in connection with Interstate's request for
a certificate of convenience and necessity, the service proposed to be provided by
[Interstate] is simply a specialized limousine service, much the same as the Commission
has authorized for the transportation of railroad crews and other groups who require more
regularly scheduled transportation than a taxi service might be able or willing to provide.
The Chief ALJ further observed that:
[Interstate] schedules a transport upon being notified by a
client of a doctor's appointment, an appointment for a dialysis
treatment or a need to be transported to any other type of
medical facility and, if the client is able to get in and out of
[Interstate's] van on his or her own power and requires no
medical treatment in route, [Interstate] provides the requested
service. The [Interstate] van is not equipped with any medical
equipment beyond a basic first aid kit[,] and there is no
evidence in the record to indicate that [Interstate] has ever
represented to any passenger or medical facility that it either
has the capability or is willing to provide any sort of medical
treatment to any of its clients.
Having found that the PSC had jurisdiction to grant Interstate the requested
authority, the Chief ALJ proceeded to address and reject specific challenges to the grant
of authority that had been raised by Jan-Care and the Coalition. Consequently, the Chief
ALJ granted the certificate of convenience and necessity to Interstate authorizing it
[t]o operate as a common carrier by motor vehicle in the
transportation of patients in specialized limousine service to
and from physicians' offices, hospitals and other health-care
facilities between points and places in Fayette and Raleigh
Counties, on the one hand, and points and places in West
Virginia, on the other hand, excluding, however, all trips that
would both begin and end within either of the aforesaid
counties.
Jan-Care and the Coalition filed exceptions to this recommended decision
raising the same basic arguments they had pursued before the Chief ALJ. Thereafter, by
order entered February 3, 1999, the PSC denied the exceptions and adopted the Chief
ALJ's recommended decision as its final order.
The ALJ to whom Sophia's case had been referred observed that the
authority requested by Sophia was in all essentials, the same as the authority requested
in Interstate. Due to this similarity, and because Jan-Care and the Coalition raised the
same jurisdictional issue that had previously been addressed with regard to Interstate's
application, the ALJ determined that the petitioners failed to provide a compelling reason
to allow their late-filed petition.See footnote 4
4
There being no timely protests to Sophia's application,
the ALJ entered a recommended decision granting Sophia the authority requested.See footnote 5
5
Jan-
Care and the Coalition filed exceptions to the recommended decision. Thereafter, by order
entered March 1, 1999, the PSC denied the exceptions and adopted the recommended
decision as the PSC's final order. Jan-Care and the Coalition then filed a petition in this
Court appealing the PSC's orders regarding Interstate and Sophia. We granted the petition
and now affirm in part, and reverse in part, the orders of the PSC.
The initial argument asserted by Jan-Care and the Coalition relies heavily on
the use of the term patient in the description of the authority granted to InterstateSee footnote 7
7
and
the meaning of that term as defined by the Emergency Medical Services Act of 1996.
They contend that by granting Interstate the authority to transport patients, the PSC has
authorized Interstate to operate an Ambulance Service in direct contradiction to the PSC's
legal authority.See footnote 8
8
Jan-Care and the Coalition contend that the transportation of patients
must be regulated by the Office of Emergency Medical Services pursuant to the Emergency
Medical Services Act of 1996.See footnote 9
9
We have considered the record before us, the arguments
presented by the various parties and amici curiae, and the relevant statutes. As explained
below, we conclude that the PSC has jurisdiction to authorize common carriers to provide
for the transportation of certain individuals, who do not have medical needs greater than
those of the average population and who are not expected to require the presence of a
trained emergency medical technician during transport, to and from health-care facilities.
However, we further find that the PSC exceeded its jurisdiction with regard to the specific
certificates granted to Interstate and Sophia in the cases sub judice.
We begin our analysis by examining the Emergency Medical Services Act
of 1996 (hereinafter sometimes referred to as the Act), W. Va. Code § 16-4C-1, et seq.,
to determine whether, or to what extent, it precludes the PSC from exercising jurisdiction
to authorize common carriers to transport certain individuals to and from various health-
care facilities. First, we note that, when interpreting a statute, this Court must endeavor
to give effect to the intention of the Legislature. We recently reiterated this long-standing
principle in Syllabus point 3 of West Virginia Department of Military Affairs and Public
Safety, Division of Juvenile Services v. Berger, 203 W. Va. 468, 508 S.E.2d 628 (1998):
''The primary object in construing a statute is to ascertain
and give effect to the intent of the legislature. Syl. Pt. 1,
Smith v. State Workmen's Compensation Com'r., 159 W. Va.
108, 219 S.E.2d 361 (1975).' Syl. Pt. 2, State ex rel. Fetters
v. Hott, 173 W. Va. 502, 318 S.E.2d 446 (1984). Syllabus
point 2, Lee v. West Virginia Teachers Retirement Board, 186
W. Va. 441, 413 S.E.2d 96 (1991).' Syl. pt. 2, Francis O.
Day Co., Inc. v. Director, Division of Environmental
Protection, 191 W. Va. 134, 443 S.E.2d 602 (1994).
Syllabus point 4, Hosaflook v. Consolidation Coal Co., 201
W. Va. 325, 497 S.E.2d 174 (1997).
In ascertaining the intent of the Legislature, we must not base our
determination on a single term or a few select words. Rather, we must give effect to the
entire statute. Ewing v. Board of Educ. of County of Summers, 202 W. Va. 228, 241, 503
S.E.2d 541, 554 (1998) (''In ascertaining legislative intent, effect must be given to each
part of the statute and to the statute as a whole so as to accomplish the general purpose of
the legislation.' Syl. Pt. 2, Smith v. State Workmen's Compensation Commissioner, 159
W. Va.. 108, 219 S.E.2d 361 (1975). Syl. pt. 3, State ex rel. Fetters v. Hott, 173
W. Va. 502, 318 S.E.2d 446 (1984).' Syl. pt. 4, State ex rel. Hechler v. Christian Action
Network, 201 W. Va. 71, 491 S.E.2d 618 (1997).). See also Mitchell v. City of
Wheeling, 202 W. Va. 85, 88, 502 S.E.2d 182, 185 (1998) (We have previously held that
no part of a statute is to be treated as meaningless and we must give significance and effect
to every section, clause, word or part of a statute as well as to the statute as a whole. State
v. General Daniel Morgan Post No. 548, 144 W. Va. 137, 107 S.E.2d 353 (1959); Wilson
v. Hix, 136 W. Va. 59, 65 S.E.2d 717 (1951).).
The purpose of the Emergency Medical Services Act of 1996 has been
expressly stated by the Legislature:
The Legislature finds and declares: (1) That the safe
and efficient operation of life-saving and life-preserving
emergency medical service to meet the needs of citizens of this
state is a matter of general public interest and concern; (2) to
ensure the provision of adequate emergency medical services
within this state for the protection of the public health, safety
and welfare, it is imperative that minimum standards for
emergency medical service personnel be established and
enforced by the state; (3) that emergency medical service
personnel should meet minimum training standards
promulgated by the commissioner; (4) that it is the public
policy of this state to enact legislation to carry out these
purposes and comply with minimum standards for emergency
medical service personnel as specified herein; (5) that any
patient who receives emergency medical service and who is
unable to consent thereto should be liable for the reasonable
cost of such service; and (6) that it is the public policy of this
state to encourage emergency medical service providers to do
those things necessary to carry out the powers conferred in this
article unless otherwise forbidden by law.
W. Va. Code § 16-4C-2 (1996) (Repl. Vol. 1998) (emphasis added). The above-quoted
declaration repeatedly uses the terms emergency medical service and emergency
medical service personnel. Thus, to fully understand the scope of this Act as expressed
in this statement of its purpose, we must consider the meaning of the terms emergency
medical service and emergency medical service personnel.
Pursuant to the Act, '[e]mergency medical service personnel' means any
person certified by the commissioner to provide emergency medical services authorized in
section eightSee footnote 10
10
of this article and includes, but is not limited to, emergency medical service
attendant, emergency medical technician-basic and emergency medical
technician-paramedic. W. Va. Code § 16-4C-3(g) (1999) (Supp. 1999) (emphasis added).
The term emergency medical services is also defined in the Act:
Emergency medical services means all services which
are set forth in Public Law 93-154 The Emergency Medical
Services Systems Act of 1973 and those included in and made
a part of the emergency medical services plan of the
department of health and human resources[See footnote 11
11
] inclusive of, but
not limited to, responding to the medical needs of an individual
to prevent the loss of life or aggravation of illness or injury[.]
W. Va. Code § 16-4C-3(d) (footnote added) (emphasis added). The Emergency Medical
Services Systems Act of 1973, Pub. L. No. 93-154, 87 Stat. 594 (repealed), includes a list
of services required of an emergency medical services system.See footnote 12
12
The general focus of this
list is on providing medical care, particularly in emergency circumstances. For example,
Section 1206(b)(4)(C)(vi) requires an emergency medical services system to provide
access (including appropriate transportation) to special critical medical care units. One
would surely expect that an individual requiring transportation to a critical medical care
unit would also be likely to require medical assistance and may require medical assistance
during transportation. In addition, Section 1206(b)(4)(C)(i) requires an emergency medical
services system to include an adequate number of health professions, allied health
professions, and other health personnel with appropriate training and experience, and
Section 1206(b)(4)(C)(ix) mandates that an emergency medical services system
provide . . . necessary emergency medical services to all patients requiring such
services.See footnote 13
13
Similarly, the expressly stated scope of the Emergency Medical Services
regulations,See footnote 14
14
which are promulgated by the Department of Health and Human Resources,
provides:
[t]his rule is intended to insure adequate provision of
transportation of incapacitated individuals and emergency
medical services to the citizens of West Virginia; to meet the
needs and goals set out in W. Va. Code § 16-4C-2; and to
provide clear direction to emergency medical services
personnel and agencies in West Virginia.
6A W. Va. C.S.R. § 64-48-1.1 (1997). Moreover, the statement of purposes expressed
in W. Va. Code § 16-4C-2 initially identifies emergency medical services that are life-
saving and life-preserving, which implies that some level of medical care will be
available to citizens utilizing emergency medical services.
These various provisions and definitions reveal that emergency services
personnel and providers who render emergency medical services, as contemplated by the
Emergency Medical Services Act of 1996, must be qualified to provide some level of
medical treatment. This observation is further supported by the fact that the Act authorizes
specialized multipatient medical transport, W. Va. Code § 16-4C-8(a) (1999) (Supp.
1999) (emphasis added).See footnote 15
15
A specialized multipatient medical transport is defined as
a type of ambulance transport provided for patients with
medical needs greater than those of the average population,
which may require the presence of a trained emergency
medical technician during the transport of the patient:
Provided, That the requirement of greater medical need may
not prohibit the transportation of a patient whose need is
preventative in nature.
W. Va. Code § 16-4C-3(r). This section of the West Virginia Code demonstrates that the
transportation of patients who merely have medical needs greater than those of the
average population, which may require the presence of a trained emergency medical
technician during the transport falls within the purview of the Act. Therefore, one
endeavoring to provide such a service must be licensed or certified by the Commissioner
of the Bureau of Public Health (hereinafter the Commissioner), upon whom the duty of
licensing emergency medical services agencies and emergency medical service personnel
falls:
Any person who proposes to establish or maintain an
emergency medical services agency shall file an application
with the commissioner. . . .
Upon receipt and review of the application the
commissioner shall issue a license if he or she finds that the
applicant meets the requirements and quality standards, to be
established by the commissioner, for an emergency medical
services agency license . . . .
W. Va. Code § 16-4C-6a (1996) (Repl. Vol. 1998) (emphasis added).
Any person desiring emergency medical service
personnel certification shall apply to the commissioner using
forms and procedures prescribed by the commissioner. Upon
receipt of the application, the commissioner shall determine
whether the applicant meets the certification requirements and
may examine the applicant, if necessary to make that
determination. If it is determined that the applicant meets all
of the requirements, the commissioner shall issue an
appropriate emergency medical service personnel certificate
which shall be valid for a period as determined by the
commissioner.
W. Va. Code § 16-4C-8 (emphasis added).
The above quoted statutes employ the mandatory term shall in instructing
that applications for emergency medical services agency licensure and emergency medical
service personnel certification be tendered to the Commissioner. We have frequently
explained that
'[t]he word 'shall,' in the absence of language in the statute
showing a contrary intent on the part of the legislature, should
be afforded a mandatory connotation. Point 2 Syllabus,
Terry v. Sencindiver, 153 W. Va. 651[, 171 S.E.2d 480
(1969)].' Syl. pt. 3, Bounds v. State Workmen's
Compensation Comm'r, 153 W. Va. 670, 172 S.E.2d 379
(1970). Syl. pt. 9, State ex rel. Goff v. Merrifield, 191
W. Va. 473, 446 S.E.2d 695 (1994) (citation alteration in
original).
State ex rel. Clark v. Blue Cross Blue Shield of West Virginia, Inc., 203 W. Va. 690, 702,
510 S.E.2d 764, 776 (1998). Consequently, we hold that any company or individual
seeking to operate an emergency medical services agency or to provide emergency medical
services, which services require the presence of a trained emergency medical technician
during transport, must obtain the proper licensure or certification from the Commissioner
of the Bureau of Public Health pursuant to the Emergency Medical Services Act of 1996,
W. Va. Code § 16-4C-1, et seq. This holding also comports with the exemption of
vehicles used exclusively in ambulance service from the statutory provisions relating to the
PSC's authority over motor carriers of passengers and property for hire contained in
W. Va. Code § 24A-1-3(5) (1997) (Repl. Vol. 1999).
Turning to the question of the PSC's jurisdiction in this area, we have
reviewed the Emergency Medical Services Act of 1996 in its entirety, and find nothing
precluding the PSC from granting a certificate of convenience and necessity to a common
carrier who endeavors to transport individuals who do not have medical needs greater than
those of the average population and who are not expected to require the presence of a
trained emergency medical technician during transport. Nor is such authority prohibited
in sections of the W. Va. Code that pertain to the PSC's power, authority and duty to
supervise and regulate the transportation of persons and property for hire by motor
vehicles upon or over the public highways of this state. W. Va. Code § 24A-1-1 (1987)
(Repl. Vol. 1999).
However, due to the significant public interest in providing and maintaining
adequate and safe emergency medical services, see W. Va. Code § 16-4C-2, it is crucial
that the PSC, in granting authority to various common carriers permitting them to transport
persons for health-related purposes, carefully and specifically describe the authority
granted so as to demonstrate that it has not exceeded its jurisdiction and thereby infringed
upon the authority of the Commissioner of the Bureau of Public Health.
We therefore hold that, pursuant to W. Va. Code § 24A-2-5 (1980) (Repl.
Vol. 1999), which provides that a common carrier by motor vehicle must obtain from the
Public Service Commission a certificate of convenience and necessity in order to legally
operate within this State, the Public Service Commission has jurisdiction to grant a
certificate of convenience and necessity authorizing a common carrier by motor vehicle to
transport individuals who do not have medical needs greater than those of the average
population and who are not expected to require the presence of a trained emergency
medical technician during transport, to and from health-care facilities. In granting such
authority, however, the Public Service Commission must carefully and specifically
describe the authority granted so as to demonstrate that it has not exceeded its jurisdiction
and thereby infringed upon the authority of the Commissioner of the Bureau of Public
Health as set forth in the Emergency Medical Services Act of 1996, W. Va. Code § 16-
4C-1, et seq.See footnote 16
16
Considering the certificates of convenience and necessity granted to Interstate
and Sophia in light of the foregoing holding, we find that the PSC exceeded its
jurisdiction.See footnote 17
17
There is nothing in either certificate indicating that Interstate and Sophia are
prohibited from providing medical treatment, even in emergency situations, to their clients.
Moreover, while Interstate and the PSC do not appear to have intended the term patient
as used in the certificate of convenience and necessity to have the meaning assigned to that
term by the Emergency Medical Services Act of 1996,See footnote 18
18
we find the manner in which that
term was used could lead one to the conclusion that a passenger may be a patient of the
common carrier. Therefore, we conclude that the PSC erred and exceeded its jurisdiction
by granting to Interstate and Sophia broader authority than it was entitled to grant.See footnote 19
19
1Interstate's amended application was contingent upon the withdrawal of the filed protests.
Specialized Multi-Passenger Van Provider (SMPV)
Certification: Certification of eligibility issued by the DHHR,
Bureau for Medical Services, and the Office of Emergency
Services or the Public Service Commission and any other
federal governing agency or department of the State of West
Virginia to any individual, firm, corporation, association,
county, municipality or other legal entity for the purposes of
providing non-ambulance transportation services to eligible
Medicaid beneficiaries in the State of West Virginia.
Id. (emphasis added). These revised regulations became effective on June 1, 1999, and,
thus, were not before the PSC. Consequently, they may not be considered in determining
whether the PSC committed error in the cases underlying the instant appeal. Moreover,
these regulations are applicable only to transportation for which Medicaid coverage exists.
The record in this case indicates that the authorization sought by Interstate and Sophia
included transportations for which other third party payors, or the transportee him or
herself, would be financially responsible.
(a) Every ambulance operated by an emergency medical service agency shall carry at least two personnel. At least one person shall be certified in cardiopulmonary resuscitation or first aid and the person in the patient-compartment shall be certified as an emergency medical technician-basic at a minimum, except that in the case of a specialized multipatient
medical transport, only one staff person is required and that
person shall be certified, at a minimum, at the level of an
emergency medical technician-basic.
(b) As a minimum the training for each class of
emergency medical service personnel shall include:
(1) Emergency medical service attendant: Shall have
earned and possess valid certificates from the department or by
authorities recognized and approved by the commissioner;
(2) Emergency medical technician-basic: Shall have
successfully completed the course for certification as an
emergency medical technician-basic as established by the
commissioner or authorities recognized and approved by the
commissioner; and
(3) Emergency medical technician-paramedic: Shall
have successfully completed the course for certification as an
emergency medical technician-paramedic established by the
commissioner or authorities recognized and approved by the
commissioner.
The foregoing may not be considered to limit the power
of the commissioner to prescribe training, certification and
recertification standards.
Any person desiring emergency medical service
personnel certification shall apply to the commissioner using
forms and procedures prescribed by the commissioner. Upon
receipt of the application, the commissioner shall determine
whether the applicant meets the certification requirements and
may examine the applicant, if necessary to make that
determination. If it is determined that the applicant meets all
of the requirements, the commissioner shall issue an
appropriate emergency medical service personnel certificate
which shall be valid for a period as determined by the
commissioner.
State and county continuing education and
recertification programs for all levels of emergency medical
service providers shall be available to emergency medical
service providers at a convenient site within one hundred miles
of the provider's primary place of operation at sites determined
by the regional emergency medical services offices. The
continuing education program shall be provided at a cost
specified in a fee schedule to be promulgated by legislative
rule in accordance with the provisions of article three
[§ 29A-3-1 et seq.], chapter twenty-nine-a of this code by the
division of health to all nonprofit emergency medical service
personnel.
(d) The commissioner may issue a temporary
emergency medical service personnel certificate to an
applicant, with or without examination of the applicant, when
he or she finds that issuance to be in the public interest. Unless
suspended or revoked, a temporary certificate shall be valid
initially for a period not exceeding one hundred twenty days
and may not be renewed unless the commissioner finds the
renewal to be in the public interest. The expiration date of a
temporary certificate shall be extended until the holder is
afforded at least one opportunity to take an emergency medical
service personnel training course within the general area where
he or she serves as an emergency medical service personnel,
but the expiration date may not be extended for any longer
period of time or for any other reason.
telephonic screening, (II) utilizes or, within such period as the
Secretary prescribes will utilize, the universal emergency
telephone number 911, and (III) will have direct
communication connections and interconnections with the
personnel, facilities, and equipment of the system and with
other appropriate emergency medical services systems;
(iv) include an adequate number of necessary ground,
air, and water vehicles and other transportation facilities to
meet the individual characteristics of the system's service
area--
(I) which vehicles and facilities meet
appropriate standards relating to location, design,
performance, and equipment, and
(II) the operators and other personnel for which
vehicles and facilities meet appropriate training and
experience requirements;
(v) include an adequate number of easily accessible
emergency medical services facilities which are collectively
capable of providing services on a continuous basis, which
have appropriate nonduplicative and categorized capabilities,
which meet appropriate standards relating to capacity,
location, personnel, and equipment, and which are coordinated
with other health care facilities of the system;
(vi) provide access (including appropriate
transportation) to specialized critical medical care units in the
system's service area, or, if there are no such units or an
inadequate number of them in such area, provide access to
such units in neighboring areas if access to such units is
feasible in terms of time and distance;
(vii) provide for the effective utilization of the
appropriate personnel, facilities, and equipment of each public
safety agency providing emergency services in the system's
service area;
(viii) be organized in a manner that provides persons
who reside in the system's service area and who have no
professional training or financial interest in the provision of
health care with an adequate opportunity to participate in the
making of policy for the system;
(ix) provide, without prior inquiry as to ability to pay,
necessary emergency medical services to all patients requiring
such services;
(x) provide for transfer of patients to facilities and
programs which offer such followup care and rehabilitation as
is necessary to effect the maximum recovery of the patient;
(xi) provide for a standardized patient recordkeeping
system meeting appropriate standards established by the
Secretary, which records shall cover the treatment of the
patient from initial entry into the system through his discharge
from it, and shall be consistent with ensuing patient records
used in followup care and rehabilitation of the patient;
(xii) provide programs of public education and
information in the system's service area (taking into account
the needs of visitors to, as well as residents of, that area to
know or be able to learn immediately the means of obtaining
emergency medical services) which programs stress the
general dissemination of information regarding appropriate
methods of medical self-help and first-aid and regarding the
availability of first-aid training programs in the area;
(xiii) provide for (I) periodic, comprehensive, and
independent review and evaluation of the extent and quality of
the emergency health care services provided in the system's
service area, and (II) submission to the Secretary of the reports
of each such review and evaluation;
(xiv) have a plan to assure that the system will be
capable of providing emergency medical services in the
system's service area during mass casualties, natural disasters,
or national emergencies; and
(xv) provide for the establishment of appropriate
arrangements with emergency medical services systems or
similar entities serving neighboring areas for the provision of
emergency medical services on a reciprocal basis where access
to such services would be more appropriate and effective in
terms of the services available, time, and distance.
its use implies that the connected elements must be
grammatically coordinate, as where the elements preceding
and succeeding the word and refer to the same subject
matter.
Ooten v. Faerber, 181 W. Va. 592, 597, 383 S.E.2d 774, 779 (1989) (citing Black's Law
Dictionary 79 (5th ed. 1979), and determining that use of the term and clearly ma[de]
both conditions necessary, not merely either of the two.). Because of the use of the
conjunctive and, all of the services contained in Section 1206(b)(4)(C) of the 1973 Act
are required of an emergency medical services system. Thus, while an emergency medical
services system may be required to simply transport individuals to various health-care
facilities, it must, nevertheless, be properly trained and prepared to render medical
treatment as contemplated by the Act.
operate as a common carrier by motor vehicle in the transportation of patients in specialized limousine service to and from physicians' offices, hospitals and other health-care
facilities between points and places in Fayette and Raleigh
Counties, on the one hand, and points and places in West
Virginia, on the other hand, excluding, however, all trips that
would both begin and end within either of the aforesaid
counties.
Sophia was granted the authority to
operate as a common carrier by motor vehicle in the
transportation of passengers to and from the offices of
physicians and other health care providers, between points and
places in Raleigh County, on the one hand, and points and
places in West Virginia, on the other hand.