A. Upon finding as fact, after notice and public hearing, that exercise of the powers enumerated below is necessary to assure the provision of adequate and continuing emergency medical services and to preserve, protect and promote the public health, safety and general welfare, the governing body of any county or city is empowered to:
1. Enact an ordinance making it unlawful to operate any emergency medical services vehicle or class thereof established by the Board in such county or city without having been granted a franchise, license or permit to do so;
2. Grant franchises, licenses or permits to emergency medical services agencies based within or outside the county or city; however, any emergency medical services agency in operation in any county or city on June 28, 1968, that continues to operate as such, up to and including the effective date of any ordinance adopted pursuant to this section, and that submits to the governing body of the county or city satisfactory evidence of such continuing operation, shall be granted a franchise, license or permit by such governing body to serve at least that part of the county or city in which the agency has continuously operated if all other requirements of this article are met;
3. Limit the number of emergency medical services vehicles to be operated within the county or city and by any emergency medical services agency;
4. Determine and prescribe areas of franchised, licensed or permitted service within the county or city;
5. Fix and change from time to time reasonable charges for franchised, licensed or permitted services;
6. Set minimum limits of liability insurance coverage for emergency medical services vehicles;
7. Contract with franchised, licensed or permitted emergency medical services agencies for emergency medical services vehicle transportation services to be rendered upon call of a county or municipal agency or department and for transportation of bona fide indigents or persons certified by the local board of social services to be public assistance or social services recipients; and
8. Establish other necessary regulations consistent with statutes or regulations of the Board relating to operation of emergency medical services vehicles.
B. In addition to the powers set forth above, the governing body of any county or city is authorized to provide, or cause to be provided, services of emergency medical services vehicles; to own, operate and maintain emergency medical services vehicles; to make reasonable charges for use of emergency medical services vehicles, including charging insurers for emergency medical services vehicle transportation services as authorized by § 38.2-3407.9; and to contract with any emergency medical services agency for the services of its emergency medical services vehicles.
C. Any incorporated town may exercise, within its corporate limits only, all those powers enumerated in subsections A and B either upon the request of a town to the governing body of the county wherein the town lies and upon the adoption by the county governing body of a resolution permitting such exercise, or after 180 days' written notice to the governing body of the county if the county is not exercising such powers at the end of such 180-day period.
D. No county ordinance enacted, or other county action taken, pursuant to powers granted herein shall be effective within an incorporated town in such county which is at the time exercising such powers until 180 days after written notice to the governing body of the town.
E. Nothing herein shall be construed to authorize any county to regulate in any manner emergency medical services vehicles owned and operated by a town or to authorize any town to regulate in any manner emergency medical services vehicles owned and operated by a county.
F. Emergency medical services vehicles operated by a county, city, or town under authority of this section shall be subject to the provisions of this article and to the regulations of the Board.
1996, c. 899; 2002, c. 747; 2005, c. 182; 2015, cc. 502, 503.
Structure Code of Virginia
Chapter 4 - Health Care Planning
§ 32.1-102.1:1. Equipment registration required
§ 32.1-102.1:3. Medical care facilities and projects for which a certificate is required
§ 32.1-102.2:1. State Health Services Plan; Task Force
§ 32.1-102.3. Demonstration of public need required; criteria for determining need
§ 32.1-102.3:1.1. Continuing care retirement communities accessing medical assistance
§ 32.1-102.3:7. Application for transfer of nursing facility beds
§ 32.1-102.3:8. Application for an open admission period for a continuing care retirement community
§ 32.1-102.4. Conditions of certificates; monitoring; revocation of certificates; civil penalties
§ 32.1-102.5. Certificate not transferable
§ 32.1-102.6. Administrative procedures
§ 32.1-102.6:1. Revocation of a certificate
§ 32.1-102.8. Enjoining project undertaken without certificate or registration
§ 32.1-102.9. Designation of judge
§ 32.1-102.11. Application of article
§ 32.1-111.2. Exemptions from provisions of this article
§ 32.1-111.3. Statewide Emergency Medical Services Plan; Trauma Triage Plan; Stroke Triage Plan
§ 32.1-111.4:2. Regional emergency medical services councils
§ 32.1-111.4:3. Provision of emergency medical services
§ 32.1-111.4:8. Ordinances as to emergency medical services agencies
§ 32.1-111.5:1. Emergency medical services personnel mental health awareness training
§ 32.1-111.6. Emergency medical services agency license; emergency medical services vehicle permits
§ 32.1-111.6:1. Commissioner to issue certain emergency medical services licenses or permits
§ 32.1-111.8. Revocation and suspension of licenses and permits
§ 32.1-111.9. Applications for variances or exemptions
§ 32.1-111.9:1. Out-of-state emergency medical services providers
§ 32.1-111.12. Virginia Rescue Squads Assistance Fund; disbursements
§ 32.1-111.12:01. Financial Assistance and Review Committee; appointment; terms; duties
§ 32.1-111.13. Annual financial reports
§ 32.1-111.14. Powers of governing bodies of counties, cities, and towns
§ 32.1-111.14:2. Establishment of emergency medical services zones or districts; tax levies
§ 32.1-111.14:6. Supervision and control of joint services of emergency medical services agencies
§ 32.1-111.14:8. Purchase, maintenance, etc., of equipment; donated equipment
§ 32.1-111.14:9. Entry of buildings and premises adjoining during a medical emergency
§ 32.1-111.15. Statewide poison control system established
§ 32.1-111.16. Director of Office of Emergency Medical Services annual performance evaluation
§ 32.1-116.1. Prehospital patient care reporting procedure; trauma registry; confidentiality
§ 32.1-116.1:1. Disclosure of medical records
§ 32.1-116.2. Confidential nature of information supplied; publication; liability protections
§ 32.1-116.3. Reporting of communicable diseases; definitions
§ 32.1-122.03. State Health Plan
§ 32.1-122.03:1. Statewide Telehealth Plan
§ 32.1-122.04. Responsibilities of the Department
§ 32.1-122.05. Regional health planning agencies; boards; duties and responsibilities
§ 32.1-122.06. Funds for regional health planning
§ 32.1-122.08. Continuation of regulations
§ 32.1-122.5. Criteria to identify underserved areas
§ 32.1-122.5:1. Conditional grants for certain medical students
§ 32.1-122.6. Conditional grants for certain medical students
§ 32.1-122.6:01. Board of Health to award certain scholarships and loan repayment funds
§ 32.1-122.6:02. Conditional grants for certain nurse practitioner students
§ 32.1-122.6:03. Conditional grants for certain physician assistant students
§ 32.1-122.6:04. Nurse Loan Repayment Program
§ 32.1-122.6:1. Physician Loan Repayment Program
§ 32.1-122.7. Virginia Health Workforce Development Authority; purpose
§ 32.1-122.7:1. Board of Directors of the Virginia Health Workforce Development Authority
§ 32.1-122.7:2. Powers and duties of the Virginia Health Workforce Development Authority; exemptions
§ 32.1-122.8. Board's authority to receive and expend funds
§ 32.1-122.9. Conditional grants for certain dental students
§ 32.1-122.9:1. Dentist Loan Repayment Program
§ 32.1-122.10. Conditional grants for certain dental hygiene students
§ 32.1-122.10:002. Board of directors; expenses; officers; terms of office; quorum; annual report
§ 32.1-122.10:003. Office of the authority
§ 32.1-122.10:004. Powers of the authority
§ 32.1-122.10:005. Licensed agents; liability
§ 32.1-122.20. Recruitment and retention of health care providers