105 CMR, § 170.355

Current through Register 1533, October 25, 2024

Section 170.355 - Responsibility to Dispatch, Treat and Transport

(A) No service, or agent thereof including, but not limited to, its EMS personnel, shall refuse in the case of an emergency to dispatch an available EMS vehicle and to provide emergency response, assessment and treatment, within the service's regular operating area, in accordance with the Statewide Treatment Protocols, at the scene or during transport, or to transport a patient to an appropriate health care facility in accordance with the applicable service zone plan.

(B)Primary Ambulance Response.

(1) Upon receipt of a call to respond to an emergency, the service zone's primary ambulance service, or a service operating pursuant to a service zone agreement, and the closest appropriate designated EFR service(s), if any, shall be immediately notified and dispatched in accordance with the applicable service zone plan and 105 CMR 170.510(I)(3)(f).

(2) When the primary ambulance service receives a call, it shall ensure that the closest ambulance is immediately dispatched, in accordance with the service zone plan. If the primary ambulance service dispatcher believes at the time the call is received that an ambulance is not available for immediate dispatch, or believes that another ambulance service has the capacity to reach the scene in a significantly shorter period of time, the dispatcher shall immediately contact the ambulance service with the closest ambulance, in accordance with the service zone plan.

(3) When an ambulance service with a provider contract providing primary ambulance response pursuant to a service zone agreement receives a call for primary ambulance response, if it believes at the time the call is received that it cannot meet the service zone standards for primary ambulance response, the ambulance service must immediately refer the call to the primary ambulance service, unless otherwise provided in the service zone plan.

(4) When an ambulance service other than the primary ambulance service receives a call to provide primary ambulance response that is not pursuant to a provider contract and a service zone agreement, it must immediately refer the call to the primary ambulance service.

(C) Prior to the approval of a service zone plan.

(1) No service, or agent thereof including, but not limited to, its EMS personnel, shall refuse in the case of an emergency to dispatch an available ambulance and to provide emergency response, assessment and treatment, within the service's regular operating area, in accordance with the Statewide Treatment Protocols, at the scene or during transport, or to transport a patient to an appropriate health care facility.

(2) Upon receipt of a call to respond to an emergency, the ambulance service shall immediately dispatch a Class I ambulance.

(3) If the ambulance service dispatcher believes at the time a call is received that a Class I ambulance is not available for immediate dispatch, the dispatcher shall immediately contact the ambulance service's backup service pursuant to 105 CMR 170.385. If the ambulance service dispatcher believes that another ambulance service has an ambulance that can reach the scene in a significantly shorter period of time, the dispatcher shall immediately notify:

(a) The other ambulance service, which shall immediately dispatch an ambulance, and

(b) Police or fire in the town in which the emergency has occurred.

(D) As soon as there is a Department-approved service zone plan, no ambulance service shall provide primary ambulance response in a service zone, unless:

(1) It is the designated primary ambulance service; or

(2) It is acting pursuant to a service zone agreement, in accordance with a Department-approved service zone plan and 105 CMR 170.249.

(E) Each service whose regular operating area includes all or part of the service zone in which a mass casualty incident occurs must immediately dispatch available EMS resources upon request by the primary ambulance service.