ENGROSSED SENATE
JOINT
RESOLUTION NO. 10	By:	Aldridge of the Senate

			and

		Roan of the House

A Joint Resolution relating to a permanent rule of the State Board of Health; disapproving in part permanent Rule OAC 310:641-3-15, regarding requirements for ground ambulance service drivers; directing promulgation of rules providing for certain exemption; directing distribution; and declaring an emergency.

WHEREAS, pursuant to Sections 250.2 and 308 of Title 75 of the Oklahoma Statutes, the Legislature reserves the right to designate the method for rule promulgation, establish policy, determine that a rule is not consistent with legislative intent, and disapprove any rule or portion thereof at any time; and
WHEREAS, pursuant to the provisions of Section 1-104 of Title 63 of the Oklahoma Statutes, the State Board of Health shall be responsible for adopting and promulgating rules as necessary and appropriate to carry out the duties and responsibilities of the State Department of Health; and
WHEREAS, the portion of permanent Rule OAC 310:641-3-15 of the State Department of Health which specifies the requirements of ground ambulance service drivers does not reflect the intent of the Oklahoma Legislature.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE 1ST SESSION OF THE 53RD OKLAHOMA LEGISLATURE:
SECTION 1.  The Legislature hereby disapproves the following language of subsection (d) of OAC 310:641-3-15 which states:
“each ground ambulance service shall have drivers who, at a minimum, are certified as an Emergency Medical Responder”.
SECTION 2.  The Legislature hereby directs the State Board of Health to promulgate rules, pursuant to the Oklahoma Administrative Procedures Act, and advises the following language is consistent with legislative intent: OAC 310:641-3-15 (d).  In addition to the requirement of licensed emergency medical technicians, each ground ambulance service shall have drivers who, at a minimum, are certified as an Emergency Medical Responder.  Such requirement shall not apply to ground ambulance service drivers who serve communities with a population of less than five thousand (5,000).  All drivers of a ground ambulance service shall successfully complete an emergency vehicle operator course approved by the Department within one hundred twenty (120) days of employment.  Emergency vehicle operators shall successfully complete a refresher course approved by the Department every two (2) years.
SECTION 3.  The Secretary of State is hereby directed to distribute copies of this resolution to the Governor, the State Board of Health, and the Editor of “The Oklahoma Register”.
SECTION 4.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Passed the Senate the 14th day of March, 2011.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2011.

	
Presiding Officer of the House
	of Representatives