6 Colo. Code Regs. § 1015-3-5-3

Current through Register Vol. 47, No. 11, June 10, 2024

Section 6 CCR 1015-3-5-3 - Licensing

3.1 Licensing Required

Except as provided in sections 3.2 , 3.3 and 4.2 of these rules, no person, agency, or entity, private or public, shall transport a sick or injured person by aircraft from any point within Colorado, to any point within or outside Colorado unless that person, agency, or entity holds a valid air ambulance license to do so that has been issued by the Department.

3.2 Exception from Licensing-Exigent Circumstances

Upon request, the Department may authorize an air ambulance service that does not hold an air ambulance license to provide a particular transport upon a showing of exigent circumstances. Exigent circumstances include but are not limited to:

A) A humanitarian transport as determined by the Department. In determining whether to authorize a humanitarian transport, the Department shall consider the following factors:

1) Whether the transport is provided directly or indirectly by an organization whose mission is primarily dedicated toward non-profit or charitable or community care services;

2) Other available options for the transport;

3) Whether the transport will be of no cost to the patient;

4) Whether the transport is subsidized by a person or entity associated with the patient;

5) The qualifications of the transport personnel;

6) Information obtained from facilities and/or staff involved in the transport;

7) The air ambulance service's membership in organizations that support safe medical care;

8) Air ambulance service insurance coverage as applicable;

9) Authorization under local and federal laws to conduct operations;

10) Licensure in other states or by other governmental agencies;

11) The air ambulance service's safety record;

12) Whether or not the air ambulance service has been subject to disciplinary sanctions in any jurisdictions;

13) The air ambulance service's prior contacts with the Department, if any; and

14) Any other considerations deemed relevant by the Department on a case-by-case basis.

B) A disaster or mass casualty event in Colorado that limits or exceeds the availability of licensed air ambulance services;

C) A need for specialized equipment not otherwise readily available through Colorado licensed air ambulance services.

3.3 Licensing Not Required

3.3.1 An air ambulance service that solely transports patients from points originating outside Colorado is not required to be licensed in Colorado.

3.3.2 Rescue unit aircraft that are not specifically designed to accommodate the medical needs of individuals who are ill, injured, or otherwise mentally or physically incapacitated and who require in-flight medical supervision.

3.3.3 An air ambulance or air ambulance service operated by an agency of the United States government.

6 CCR 1015-3-5-3

37 CR 12, June 25, 2014, effective 5/21/2014

37 CR 12, June 25, 2014, effective 7/15/2014

37 CR 22, November 25, 2014, effective 12/15/2014

38 CR 24, December 25, 2015, effective 1/14/2016

40 CR 10, May 25, 2017, effective 7/1/2017

40 CR 20, October 25, 2017, effective 1/1/2018

40 CR 21, November 10, 2017, effective 1/1/2018

41 CR 23, December 10, 2018, effective 1/14/2019

43 CR 22, November 25, 2020, effective 1/1/2021

44 CR 23, December 10, 2021, effective 12/30/2021

45 CR 10, May 25, 2022, effective 6/14/2022