Title 36, Public Health and Safety

A. A first responder who is trained in administering epinephrine injections may administer an epinephrine injection or epinephrine delivery system to a person who the first responder believes in good faith is experiencing anaphylaxis pursuant to a standing order issued by any of …

A. At least thirty days before the date of an informal interview held pursuant to this article or article 2 of this chapter, the department shall notify a person who is under investigation, or that person's designee, that the person or designee may submit a written request with t…

A. Pursuant to a standing order issued by a physician licensed pursuant to title 32, chapter 13 or 17 or a nurse practitioner licensed pursuant to title 32, chapter 15 and authorized by law to prescribe drugs, an emergency medical care technician, peace officer or ancillary law e…

A. A physician who is licensed pursuant to title 32, chapter 13 or 17 or a nurse practitioner who is licensed pursuant to title 32, chapter 15 may prescribe inhalers and spacers or holding chambers in the name of an authorized entity for use in accordance with this section, and p…

A. Each ambulance service shall require its emergency medical care technicians and ambulance attendants as defined in section 36-2201, paragraph 9, subdivision (b) to transport a police dog that is injured in the line of duty, along with a police officer who is trained in dog han…

A. The director shall adopt rules to regulate the operation of ambulances, ambulance services, air ambulances and air ambulance services in this state. Each rule shall identify all sections and subsections of this chapter under which the rule was formulated. The rules shall provi…

A. Any person wishing to operate an ambulance service in this state shall apply to the department on a form prescribed by the director for a certificate of necessity. B. Within one hundred eighty days after receiving an application for a certificate of necessity as prescribed in …

A. The applicant or any certificate of necessity holder whose ambulance service area in whole or in part is within the affected service area of the initial or amended certificate of necessity may appeal pursuant to title 41, chapter 6, article 10 the director's determination with…

A. A city or town that has a licensed health care institution within its jurisdictional boundaries and that operates an ambulance service may apply to amend its certificate of necessity pursuant to this article to provide interfacility transports in lieu of transports by a peace …

A. The initial certificate of necessity issued pursuant to section 36-2233 to each ambulance service shall be for a term of one year. B. On the expiration of a certificate of necessity, if the holder of the certificate meets all requirements, applies for a renewal and pays the fe…

A. A certificate of necessity issued pursuant to this article is not a franchise, may be revoked by the director and does not confer a property right on its holder. B. A certificate of necessity shall not be assigned or otherwise transferred without the written approval of the di…

A. The director shall not issue a certificate of necessity to an ambulance service unless the service has filed with the department a certificate of insurance or other evidence of financial responsibility in an amount the director deems necessary to adequately protect the interes…

An ambulance service which is authorized to operate under any certificate of necessity issued pursuant to this article shall not abandon or discontinue any service to any portion of the service area established under the certificate without an order from the department, unless th…

A. An ambulance service that applies to adjust its rates or charges shall automatically be granted a rate increase equal to the amount determined under section 36-2234, subsection G, if the ambulance service is so entitled. An automatic rate adjustment that is granted pursuant to…

Fees not to exceed the following amounts shall be paid by the owner of an ambulance service to the department for deposit in the state general fund to be available for legislative appropriation in order to carry out the provisions of this chapter: 1. One hundred dollars upon fili…

A. Pursuant to rules adopted by the director, an owner of an ambulance service shall maintain and keep within this state reasonable records, books and other data the director requires to enforce the provisions of this article. These records, books and other data shall not be dest…

A. If the director determines that there is an immediate and urgent need for service to one or more points or within an area lacking adequate ambulance service, the director may, at the director's discretion and without a hearing or other proceeding, grant an ambulance service, f…

The department may enter into an interagency service agreement with the department of transportation pursuant to section 35-148 to implement the provisions of this chapter.

The department may institute and maintain in the name of this state an action to enforce this article or any rule adopted pursuant to this article by mandatory injunction or other appropriate remedy.

A. The department may conduct an investigation into the operation of ambulances and ambulance services. B. Proceedings under this section may be initiated by the department. C. If the department receives a written and signed statement of dissatisfaction or dispute of charges or a…

A. The department shall implement a format to govern its requests for information from each fire district that holds a certificate of necessity to operate an ambulance service under this chapter that substantially conforms to the annual report prescribed by section 48-251. B. The…

At least thirty days before the date an ambulance service changes its legal name, the ambulance service shall send the department written notice of the name change. Within thirty days after the date of receiving the notice, the department shall issue an amended certificate of nec…

SECTION 1. PURPOSE The purpose of this compact is to protect the public through verification of competency and to ensure accountability for patient care-related activities of all states' licensed emergency medical services (EMS) personnel, such as emergency medical technicians (E…

In this article, unless the context otherwise requires: 1. "Automated external defibrillator" means a medical device heart monitor and defibrillator that: (a) Is approved for premarket modification by the United States food and drug administration pursuant to 21 United States Cod…

Except as provided in section 36-2264, a person or entity that acquires an automated external defibrillator shall: 1. Enter into an agreement with a physician who shall oversee the aspects of public access to defibrillation. 2. Require each trained user who uses an automated exte…

A. The following persons and entities are not subject to civil liability for any personal injury that results from any act or omission that does not amount to wilful misconduct or gross negligence: 1. A physician who provides oversight. 2. A person or entity that provides trainin…

A. A person who obtains an automated external defibrillator for home use pursuant to a physician's prescription is exempt from the requirements of this article. B. A person who is employed as a firefighter, emergency medical care technician, air ambulance attendant or ambulance a…

A. A physician who is licensed pursuant to title 32, chapter 13 or 17, a nurse practitioner licensed pursuant to title 32, chapter 15 and authorized by law to prescribe drugs or any other health professional who has prescribing authority and who is acting within the health profes…

A. A person may administer an opioid antagonist that is prescribed or dispensed pursuant to section 32-1979 or 36-2266 in accordance with the protocol specified by the physician, nurse practitioner, pharmacist or other health professional or that is received from a county health …

(Caution: 1998 Prop. 105 applies) In this chapter, unless the context otherwise requires: 1. "Allowable amount of marijuana": (a) With respect to a qualifying patient, means: (i) Two and one-half ounces of usable marijuana. (ii) If the qualifying patient's registry identification…

(Caution: 1998 Prop. 105 applies) The public may petition the department to add debilitating medical conditions or treatments to the list of debilitating medical conditions set forth in section 36-2801, paragraph 3. The department shall consider petitions in the manner required b…

(Caution: 1998 Prop. 105 applies) This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal or other penalties for engaging in, the following conduct: A. Undertaking any task under the influence of marijuana that would con…

(Caution: 1998 Prop. 105 applies) A. The department shall adopt rules: 1. Governing the manner in which the department considers petitions from the public to add debilitating medical conditions or treatments to the list of debilitating medical conditions set forth in section 36-2…

(Added with a 1998 Prop. 105 clause pursuant to L19, Ch. 318) A. Beginning on April 1, 2020, the department shall issue all new nonprofit medical marijuana dispensary registration certificates in the following order of priority based on the dispensary's geographic area as describ…

(Added with a 1998 Prop. 105 clause pursuant to L21, Ch. 398) A. The department shall develop a warning label that includes a statement that marijuana use may affect the health of a pregnant woman and the unborn child. The department shall require the label to be affixed to the p…

(Caution: 1998 Prop. 105 applies) A. Nonprofit medical marijuana dispensaries shall register with the department. B. Not later than ninety days after receiving an application for a nonprofit medical marijuana dispensary, the department shall register the nonprofit medical marijua…

(Caution: 1998 Prop. 105 applies) A. A nonprofit medical marijuana dispensary agent or an independent third-party laboratory agent shall be registered with the department before volunteering or working at a nonprofit medical marijuana dispensary or a certified independent third-p…

(Caution: 1998 Prop. 105 applies) A. A qualifying patient may apply to the department for a registry identification card by submitting: 1. Written certification issued by a physician within the ninety days immediately preceding the date of application. 2. The application fee. 3. …

(Caution: 1998 Prop. 105 applies) A. Except as provided in subsection B and in section 36-2804.05, the department shall: 1. Verify the information contained in an application or renewal submitted pursuant to this chapter and approve or deny an application or renewal within ten da…

(Caution: 1998 Prop. 105 applies) A. Registry identification cards for qualifying patients and designated caregivers shall contain all of the following: 1. The name, address and date of birth of the cardholder. 2. A statement of whether the cardholder is a qualifying patient or a…

(Caution: 1998 Prop. 105 applies) A. The department may deny an application or renewal of a qualifying patient's registry identification card only if the applicant: 1. Does not meet the requirements of section 36-2801, paragraph 15. 2. Does not provide the information required. 3…

(Caution: 1998 Prop. 105 applies) A. All registry identification cards and registration certificates expire two years after their date of issue. B. A registry identification card of a nonprofit medical marijuana dispensary agent shall be canceled and the agent's access to the ver…

(Added with a 1998 Prop. 105 clause pursuant to L19, Ch. 318) A. Independent third-party laboratories shall be certified by the department. B. After receiving an application for an independent third-party laboratory, the department shall certify the independent third-party labora…

(Caution: 1998 Prop. 105 applies) A. Any nursing care institution, hospice, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility or adult foster care home licensed under title 36, chapter 4, may adopt…

(Caution: 1998 Prop. 105 applies) A. A registered nonprofit medical marijuana dispensary shall be operated on a not-for-profit basis. The bylaws of a registered nonprofit medical marijuana dispensary shall contain such provisions relative to the disposition of revenues and receip…

(Caution: 1998 Prop. 105 applies) Cities, towns and counties may enact reasonable zoning regulations that limit the use of land for registered nonprofit medical marijuana dispensaries to specified areas in the manner provided in title 9, chapter 4, article 6.1, and title 11, chap…