HARRY HUGHES, Governor                                      1867

(7) SPECIFIC DEFINED ROLE IN EMERGENCY MEDICAL
SERVICES SYSTEM WITH APPROPRIATE TELEPHONE COMMUNICATION; AND

(8) AVAILABILITY OF EMERGENCY SERVICES TO ALL PERSONS
REGARDLESS OF ABILITY TO PAY.

19-3A-03.

THE SECRETARY SHALL:

(1) VERIFY COMPLIANCE WITH THE PROVISIONS OF THIS
SUBTITLE; AND

(2) CONDUCT INVESTIGATIONS OF COMPLAINTS WHICH

ADDRESS QUALITY OF CARE ISSUES.

(A) THE DEPARTMENT SHALL ISSUE A CERTIFICATE TO A
FREESTANDING MEDICAL FACILITY THAT MEETS THE CERTIFICATION
REQUIREMENTS UNDER THIS SECTION.

(B) A FREESTANDING MEDICAL FACILITY THAT USES IN ITS TITLE
OR ADVERTISING THE WORDS "EMERGENCY", "URGENT CARE", OR PARTS OF
THOSE WORDS OR OTHER LANGUAGE INDICATING TO THE PUBLIC THAT
MEDICAL TREATMENT FOR IMMEDIATELY LIFE THREATENING MEDICAL
CONDITIONS EXIST AT THAT FACILITY SHALL BE CERTIFIED BY THE
DEPARTMENT BEFORE IT MAY OPERATE IN THIS STATE.

19-3A-04.

THE GOVERNING BODY OF ANY COUNTY MAY ADOPT " RULES AND
REGULATIONS GOVERNING FREESTANDING MEDICAL FACILITIES MORE
RESTRICTIVE THAN THE REGULATIONS ADOPTED BY THE DEPARTMENT.

19-3A-04 19-3A-05.

A PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION IS
GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE
NOT EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 1 YEAR OR
BOTH.

19-3A-05 19-3A-06.

THE CIRCUIT COURT FOR A -COUNTY IN WHICH A PERSON IS
OPERATING A FREESTANDING MEDICAL FACILITY IN VIOLATION OF A
PROVISION OF THIS SUBTITLE MAY ENJOIN FURTHER OPERATION OF THE
FREESTANDING MEDICAL FACILITY THAT VIOLATES THIS SUBTITLE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1985.

Approved May 21, 1985.