§88. Emergency Medical Services' Board
The Emergency Medical Services' Board, as established by Title 5, section 12004‑A, subsection 15, is responsible for the emergency medical services program.
[PL 1991, c. 588, §16 (AMD).]
1.
Composition; rules; meetings.
The board's composition, conduct and compensation are as follows.
A.
The board has one member representing each region and 12 persons in addition. Of the additional persons, one is an emergency physician, one a representative of emergency medical dispatch providers, one a representative of the public, one a representative of for-profit ambulance services, one an emergency professional nurse, one a representative of nontransporting emergency medical services, one a representative of hospitals, one a fire chief, one a representative of a statewide association of fire chiefs, one a municipal emergency medical services provider, one a representative of not-for-profit ambulance services and one a representative in the field of pediatrics. The members that represent for-profit ambulance services, nontransporting emergency medical services and not-for-profit ambulance services must be licensed emergency medical services persons. One of the nonpublic members must be a volunteer emergency medical services provider. Appointments are for 3-year terms. Members are appointed by the Governor. The statewide emergency medical services medical director and statewide associate emergency medical services medical director are ex officio nonvoting members of the board.
[PL 2019, c. 370, §16 (AMD).]
B.
The board shall elect its own chair to serve for a 2-year term. The board may adopt internal rules that may include, but are not limited to, termination of board membership as a consequence of irregular attendance. If a board member does not serve a full term of appointment, the Governor shall appoint a successor to fill the vacancy for the remainder of the term. Any board member may be removed by the Governor for cause. The board may have a common seal. The board may establish subcommittees as it determines appropriate.
[PL 1991, c. 588, §16 (AMD).]
C.
The board shall meet at least quarterly, and at the call of its chair or at the request of 7 members. When the board meets, members are entitled to compensation according to the provisions of Title 5, chapter 379.
[PL 1991, c. 588, §16 (AMD).]
D.
A majority of the members appointed and currently serving constitutes a quorum for all purposes and no decision of the board may be made without a quorum present. A majority vote of those present and voting is required for board action, except that for purposes of either granting a waiver of any of its rules or deciding to pursue the suspension or revocation of a license, the board may take action only if the proposed waiver, suspension or revocation receives a favorable vote from at least 2/3 of the members present and voting and from no less than a majority of the appointed and currently serving members. The board may use video conferencing and other technologies to conduct its business but is not exempt from Title 1, chapter 13, subchapter 1. Members of the board, its subcommittees or its staff may participate in a meeting of the board, subcommittees or staff via video conferencing, conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation in a meeting pursuant to this subsection constitutes presence in person at such meeting.
[PL 2007, c. 274, §19 (AMD).]
[PL 2019, c. 370, §16 (AMD).]
2.
Functions.
The board shall perform the following functions.
A.
The board shall direct the operations of the emergency medical services program.
[PL 1991, c. 588, §16 (AMD).]
B.
With the advice of the commissioner, the board shall adopt rules in accordance with the Maine Administrative Procedure Act to carry out this chapter. In order to encourage participation at rule-making hearings by emergency medical services volunteers, the board shall hold hearings in each region as determined necessary. Each hearing must be held in the evening or at times convenient to the public and may use available technology. At least 2 members of the board shall attend each hearing.
[PL 1999, c. 182, §12 (AMD).]
C.
The board shall delegate authority to the licensing board to grant licenses pursuant to this chapter.
[PL 2025, c. 491, §12 (AMD).]
D.
The board shall specify in rules the criteria that must be met as a precondition to offering an emergency medical services course, refresher course or continuing education course. The board shall work toward developing consistent educational programming in terms of course content, course requirements and quality of instruction. The board shall adopt rules, which are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A, regarding the requirements for certification and licensing of persons engaged in emergency medical services education and training.
[PL 2011, c. 271, §14 (AMD).]
E.
The board shall keep records and minutes of its activities and meetings. These records and minutes must be made easily accessible to the public and be provided expeditiously upon request. The board may prepare, publish and disseminate educational and other materials to improve emergency medical patient care.
[PL 2009, c. 571, Pt. Y, §1 (AMD).]
F.
[PL 1991, c. 588, §16 (RP).]
F-1.
The director must be qualified by training or by experience and is appointed by the board with approval of the commissioner. The director serves for an indefinite term, subject to removal for cause.
[PL 1999, c. 182, §13 (AMD).]
G.
The board shall submit to the commissioner its budgetary requirements in the same manner as is provided in Title 5, section 1665. The department shall serve as the fiscal agent for Maine Emergency Medical Services.
[PL 1991, c. 588, §16 (AMD).]
H.
With the approval of the commissioner, the board may enter into contracts, subject to provisions of state law, and delegate this authority to the director. The board may also delegate to staff, through rules or emergency action, any provision necessary to carry out this chapter, including the process of hearings. Funds appropriated or allocated to the board to be contracted with the regional councils may be disbursed on a sole-source contract basis, according to guidelines established by the board. Funds must be expended in accordance with standard state contract or grant procedures and guidelines where appropriate.
[PL 2019, c. 617, Pt. C, §2 (AMD).]
I.
The board, in consultation with the licensing board, may establish and collect licensure fees, application fees, examination fees, course and conference fees, tuition and other charges as determined necessary by the board for the efficient administration of this chapter. All funds received pursuant to this paragraph must be deposited into a nonlapsing fund established for the purpose. Maine Emergency Medical Services shall administer the fund with the advice and consent of the commissioner. Funds must be deposited with the Treasurer of State to the credit of the fund and may be invested as provided by law. Interest on these investments must be credited to the fund.
[PL 2025, c. 491, §13 (AMD).]
J.
The board shall establish and maintain a statewide quality assurance and improvement committee and shall adopt rules, which are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A, regarding the requirements and authority of the statewide quality assurance and improvement committee.
[PL 1999, c. 182, §14 (NEW).]
K.
The board may collect or receive health care information or records, including information or records that identify or permit identification of any patient, for the purpose of monitoring and improving the provision of emergency medical services and health outcomes within the State.
[PL 2021, c. 15, §1 (NEW).]
Revisor's Note:
(Paragraph K as enacted by PL 2021, c. 241, §5 is REALLOCATED TO TITLE 32, SECTION 88, SUBSECTION 2, PARAGRAPH L)
L.
(REALLOCATED FROM T. 32, §88, sub-§2, ¶K) The board shall establish by rule a program for collecting and reporting cost and performance metrics related to emergency medical treatment services, including ambulance services. The cost and performance metrics for ambulance services adopted in rule must include, at a minimum, data on the volume of services provided per capita and per square mile of geographic area, the type of entity, the payer mix, the impact on length of stay in a health care facility due to lack of available ambulance transport, demographics on personnel and level of licensure, the number of vacancies and the number of volunteer hours dedicated to emergency medical services. Rules adopted pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.
[PL 2023, c. 468, §3 (AMD).]
[PL 2025, c. 491, §§12, 13 (AMD).]
3.
Authority.
[PL 2025, c. 491, §14 (RP).]
4.
Authority to issue letters of guidance.
[PL 2025, c. 491, §15 (RP).]
5.
Notice of action.
[PL 2025, c. 491, §16 (RP).]
SECTION HISTORY
PL 1981, c. 661, §2 (NEW). PL 1983, c. 812, §§190,191 (AMD). PL 1985, c. 730, §§12,16 (AMD). PL 1987, c. 273, §5 (AMD). PL 1989, c. 503, §B120 (AMD). PL 1989, c. 857, §§70,71 (AMD). PL 1991, c. 588, §16 (AMD). PL 1991, c. 742, §4 (AMD). PL 1993, c. 575, §1 (AMD). PL 1995, c. 161, §9 (AMD). PL 1997, c. 644, §2 (AMD). PL 1999, c. 182, §§12-14 (AMD). PL 2001, c. 229, §4 (AMD). PL 2001, c. 713, §1 (AMD). PL 2007, c. 274, §§18-20 (AMD). PL 2009, c. 571, Pt. Y, §1 (AMD). PL 2011, c. 271, §§14-17 (AMD). PL 2013, c. 62, §1 (AMD). PL 2015, c. 6, §2 (AMD). PL 2019, c. 370, §§16, 17 (AMD). PL 2019, c. 617, Pt. C, §2 (AMD). PL 2021, c. 15, §1 (AMD). PL 2021, c. 241, §5 (AMD). RR 2021, c. 2, Pt. A, §113 (COR). PL 2023, c. 468, §3 (AMD). PL 2025, c. 491, §§12-16 (AMD).